Question: I already have a Will, so I can avoid Probate, correct?
Having a will is a great start to an estate plan but it is not enough. A will needs to be probated, which can diminish the value of your estate, sometimes substantially, to the detriment of your heirs.
Further, a proper estate plan includes a will, trust, healthcare directive, power of attorney, and other legal documents that makes it easier for your loved ones to cope with your unexpected disability or death. These same legal documents can help your loved ones also save money on costs, fees, and potential taxes.
Having just a will can lead to intestacy and other complications which can take money out of your estate in the form of attorney's fees, court costs, appraisal fees, and other expenses that could have been avoided. Having a proper estate plan set up now can save a lot of money, especially in preventing unnecessary conservatorship and other expensive and invasive legal proceedings.
Estate planning done through an attorney can also help you decide on proper ways to hold title to properties, how to designate beneficiaries on your various financial accounts, and what to do with your business and other unique assets, in order to maximize tax benefits, minimize liabilities, and to avoid probate.