Many people believe that probate should be avoided at all costs. However, the urgency to avoid probate can sometimes lead to unwanted consequences. A recent article in The New York Times discusses probate avoidance traps for the unwary. One of the most popular ways to avoid probate is through a living trust. You can hold your assets in a living trust while you are alive, and specify how they will be distributed upon your death. Importantly, however, a living trust only avoids probate for the assets that you put into the trust. It is therefore advisable to draft a will as a “catch-all” for other assets that you did not put in your trust or you acquire later. Unintended consequences also arise over misunderstandings of who is entitled to non-probate assets. Non-probate assets are those that automatically pass outside of probate. These assets include beneficiary accounts and jointly held assets. Often, people mistakenly believe that their will directs the distribution of non-probate assets. This causes unintended consequences after death. Failing to coordinate non-probate assets with probate assets may also thwart your estate planning objectives, as your distributions to beneficiaries may be unequal. If you would like expert assistance with crafting your estate plan, please contact us at 818.956.9200.