We have talked to several SC attorneys who have recommended a trust to avoid Probate and years of attorney fees. With a simple Will if my husband dies first & I am named primary beneficiary, everything would pass directly to me sans going to court. It is after I pass or if we we both pass together that everything would need to go through Probate. In SC it takes about 2 years to go through Probate. A home can not be sold or assets distributed until that process is finished. I we have a properly organized Trust, our assets would be distributed immediately and it would not involve the courts.It would cost $2500-3000 to set up a Trust. The attorney's office would handle all the paper work to properly title assets. Expensive yes but less expensive that Probate and inusing attorney expenses.I was asking if IRAs should be included in a Trust as I remembered reading that there may be some tax benefits regarding withdrawals if inherited IRAs are not part of a Trust.
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