I heard I should plan ahead so my family can avoid having to file probate when I die. Is this true?

There are a lot of misconceptions about probate. Many people think that probate should be avoided at all costs. Well, whether or not probate is a good idea depends upon your situation. For example, with a husband and wife and if we want to protect assets for the surviving spouse, we will want there to be a probate so that those assets go to a supplemental needs trust for the survivor.

On the other hand, if there's no need for a probate your estate can be set up so that it goes directly to your beneficiaries. Everybody's situation is different. There is no one right or wrong answer. It's important that you see an elder law attorney so that you will find out whether a probate is something that's a good idea for you.