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What if I Own Real Estate in Another State?

If a couple owns a home in Idaho and also real estate in another state, the probate quandary becomes that much more difficult and expensive.

Upon the death of either spouse, the remaining spouse normally will be required to go through the probate process to move the home owned by the deceased spouse in Idaho into the name of that surviving spouse alone. And, after the surviving spouse has gone through probate in Idaho, he or she will then have to go to the other state in which property is owned and go through a separate ancillary probate process there, as well. So, the cost and delay of probate is amplified when the couple owns real estate in more than one state.

Then, when the second spouse passes away, his or her heirs will have to go through the same double process all over again.

Fortunately, the establishment of a Living Trust or Family Trust by that couple can avoid not only the Idaho probate, but the ancillary probate in the other states, as well. And it avoids probate upon the death of each spouse, so the total savings (in both time and money) can be substantial.

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Client Reviews

Daniel made the entire process simple and easy to understand. He took our questions and made sure we understood all the legal aspects and responsibilities seamless.

Neal V.

We want to thank Matt, he was very helpful in answering our questions and walking us through the process of setting up our Family Trust.

Charlotte G.

Marcus West was so helpful in setting up our trust. We had several questions and a lot of properties to manage. He was professional & has a great personality.

Pamela B.

Ben, you were very thorough in your explanations, answered all of our questions & we would be happy to put our names to referrals for you.

Darrell C.

Hello, Ben. Thank you for your assistance with out trust. Your simple, concise, efficient instructions and explanations were easy to understand and follow. We were pleasantly surprised how quickly you were able to get everything set up and ready to go.

Desta R.

We wanted a trust/will set up and Daniel was great to work with. We got scheduled pretty quickly and once we had our initial conference call, Daniel had all the paperwork completed within a week. I highly recommend.

Whitney S.

We were perfectly satisfied & would recommend you to others. Our banker and other people we had to go to said you did a good job.

Gary & Carol C.

We appreciated your patience with us in answering our questions & your expertise in getting the title to our home & beneficiaries on our IRA’s completed. Thank you for your time.

Anthony & Julie A.

It was a pleasure working with you, Ben. Thank you for updating our Living Trust and fitting us into your busy schedule in such short notice.

Denise Z.

Thank you, Matt! We are so grateful we chose you as our Trust Attorney. It’s a good feeling to have this taken care of.

Carol D.

Everything went smoothly and well. Marcus was organized and professional. He was able to answer all our questions and guide us on the best path for us to take. Thank you, Marcus.

John & Joy G.

You made the process simple and straightforward by answering my questions and preparing the documents in a timely manner. The list of things to do after signing was clear and concise. Thank you!

Jane W.
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