Can A Person Use a Trust to Keep Mineral Rights out of Probate

A living trust is an ingenious way to keep your real property out of probate and transfer it cleanly to your beneficiaries. However, this method only works if the trust is “funded” by the transfer of your estate’s property into the trust. Failure to fund a trust will cause it to fail, and your property will end up having to go through probate. If the trust is funded, though, you’ll be fine. But what about less conventional forms of property, such as oil, gas, and mineral rights? These interests in real estate can be placed in a trust, too, but the exact process that must be followed depends on the nature of your rights. A lawyer, like Adam Leitman Bailey, can help you make sure that you set up and fund your trust properly, but the topics below can give you a good basic understanding.

What Kind of Mineral Rights do You Own?

The first thing you need to figure out is the nature of the mineral rights that you own. For example, do you own the rights in the actual real estate – do you own the land the oil, gas, or minerals come from? Alternatively, do you own a right to royalties based on the proceeds of any minerals collected? The type of mineral rights you own will determine if and how you can place them in a trust.

How do You Transfer Mineral Rights to Your Trust?

If you actually own the real estate holding the valuable resource, then the process is actually fairly easy. All you have to do is have your lawyer draft a new deed by which ownership in the land is transferred from you to your trust. Your lawyer will also need to make sure that the new deed is recorded with the county clerk after it’s executed.

If, on the other hand, you own a right to resource deposits separate from the land itself, or if you own a right to royalties from the proceeds of the resources’ sale, then you have to assign these rights to your trust. This process may require contacting the company that issues your royalty payments to ask about their process and rules for assigning rights.

Conclusion

You shouldn’t try to figure any of this out on your own. If you make a mistake, it could cause your trust to fail and your property to be subjected to probate. This will end up defeating your wishes and costing your beneficiaries. Therefore, it is crucial that you contact an experienced estate-planning lawyer to help you determine the type of mineral rights that you own, and what specific processes are required to transfer those rights to your trust so that it is properly funded and functions to transfer your property to your loved ones as intended. If, for whatever reason a trust isn’t the right estate planning method for you, then an experienced estate-planning lawyer will be able to determine this, too, and stop you from making a costly mistake.

 

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Life Insurance- Protecting Finances and Loved Ones

 

Life Insurance Coverage

Life insurance is also referred to as life assurance or life cover. It provides financial protection for loved ones or named beneficiaries in case you die during the valid period of your policy. Protecting against financial loss that results from an insured’s premature death safeguards beneficiaries from the financial impact of death.

Aspects of Life Insurance

  • A life insurer pays the death benefits in consideration of the insured’s premium payments. Life insurance entails a contract between a life insurance company and the person with insurable interest. The financial risk of untimely death is transferred to the insurer for a specified premium amount.
  • It is important to note that life insurance is not an investment or saving product and unless a claim is validly made or you have permanent life insurance, there is no cash value.
  • You determine how much cover you need as how long you will need it.Premiums can be made on a monthly or annual basis. Your family has peace of mind knowing that in case while you have the policy coverage, they will be paid when a claim is made accordingly. These funds can be used to cover mortgage payments, child-care costs or household bills.

Dependents

If you have a spouse, children or anyone who depends on you for income or financial help, life insurance is an important consideration. If the income you earn as part of a couple or sole breadwinner helps with household costs, the family may find it difficult to pay bills such as rent or mortgage without that money. Learn more about JUNIPER LIFE INSURANCE here.

If you work from home or part- time, you family may struggle to handle the expenses of finding someone that can look after the children if you are no longer around. Any individual who has dependents is advised to take out life insurance.

Debts and Loans

Life insurance can also be essential if you have an outstanding mortgage, loans or debts. It can pay out a cash sum in case you die during the policy term. The money could be used for the purpose of helping to pay debts or assist the family with daily living expenses and child care costs. It can also help with funeral expenses.

Death Benefit

Death benefit is a term that is used for the cash amount that the beneficiaries of the insurer receive from an insurance provider upon the insured’s death. While the insured determines the amount of money, the insurance provider must establish whether there is insurable interest and the insured qualifies for coverage according to underwriting requirements.

Premium

The life insurance company determines the premium amount required to cater for mortality costs. This amount is typically based on actuary statistics. Main determinants of risk include lifestyle, family and personal medical history and the insured individual’s age. As long as the premium is duly paid, the insurer has an obligation to make the death benefit payment.

Cash Value

With permanent life insurance there is a component of cash value. As a savings account, it enables the insured to amass capital for a living benefit. Accumulated capital can be used for any reason when the insured is alive. The insurer also uses it to mitigate the risk.

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