My wife and I have no children. Our house is paid for and titled as joint tenants with survivorship rights. Our 401(k), IRA, pensions and life insurance policies all list the other as sole beneficiaries. Our investment and checking accounts have POD/TOD (payable-on-death/transfer-on-death) designations. We each have a detailed will and an advanced health care directive that lists the other as executor. There also is an attached "Letter of Instruction" that lists our desires for memorial services, disposition of remains, personal notes for friends/family, location of important documents, account numbers, username/ passwords, etc. My secondary executor is jointly titled on my personal checking account and also has a copy of the "Letter of Instruction." As I understand it, almost all our assets fall outside the reach of probate.

Do we really need to spend thousands of dollars to create a trust, thousands more for future maintenance of said trust and many hours retitling our assets? Thanks for your consideration.

In my practice, I always recommend that you consider all the alternatives by which assets can pass to the intended beneficiaries, including the methods you have used. There are many ways to eliminate the need for a trust, including the joint tenant, POD and beneficiary designations. At the death of the first spouse, it does not appear there will be any probate issues.

However, at the death of the second spouse, any assets – such as your home – that do not have a beneficiary, POD or joint ownership designation will go through the probate process and be distributed to the persons named in your will.

If you are comfortable with this, there is nothing further to do. If you desire avoiding probate at the second death, then using a trust should be considered.

A well-drafted trust does not require any costly "maintenance" fees. Other than assuring that your assets are correctly titled in the trust, the only time a consultation with an attorney might be necessary is a change in your intended beneficiaries, a major increase in your wealth (such as an inheritance), or a change in state probate or federal estate tax laws.

My mother passed away in 2008 in Pennsylvania. Before her death, my two sisters put their names on the deed to her house, excluding me. I found out after our mother passed away. Currently my sister lives in the house. She figures $150 is her monthly rent payment, which she pays me sporadically. I've confronted her about getting a loan and paying me for my share of the home, but she says her poor credit does not qualify her for a mortgage. I'm at my wits' end. I consulted a Pennsylvania lawyer who threw up his hands because she refuses to finalize the house purchase. Do I have any recourse?

Generally, you could seek redress through the Pennsylvania court system to overturn your sisters' actions, based on their possible undue influence or that your mother lacked the mental capacity to execute the documents that transferred the home's title. In either case, the court could force the property's reinstatement to your mother's estate and you could assert your rights as an heir. However, it can be time-consuming and expensive.

Alternatively, you could seek court intervention to determine that the property's title is one-third in your name.

Experienced legal counsel in Pennsylvania should be able to advise on these suggestions, the costs involved and whether you could recoup your legal fees.

– Compiled by Claudia Buck

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