From: Mike Busch Etp
Subject: Are You Named in Somebody's Will?
Date: 
Message-ID: <3pt4ln$c6s@enterprise.america.com>
Dear Friend:

			ARE YOU NAMED IN SOMEBODY'S WILL?

			If you are named in somebody's will,
	you may be in danger of losing your inheritance because of probate.

Here's why.

PROBATE HAS A BAD NAME.

Generations ago, the probate system was conceived as one orderly way of
transferring the property of a deceased person to his heirs.  It was
designed to protect the heirs. Today it has become an ugly, legal
nightmare where lawyers, clerks, guardians, administrators, estate
appraisers and bonding companies bilk widows and orphans out of their
inheritance.  All across the nation, greedy lawyers in league with
conniving judges and bureaucrats plunder huge chunks - and sometimes all -
of an estate. 

First, let's see what's wrong with probate, and then let's see HOW YOU CAN
AVOID PROBATE - SO THAT YOUR FAMILY CAN GET TO KEEP THE ASSETS THAT ARE
RIGHTFULLY THEIRS. 

		THERE ARE THREE THINGS WRONG WITH PROBATE.
	
	1.  It costs too much.

	In most states probate fees are set by law as a percent of the 
	"gross" estate.  Say you left an estate consisting of your home, an
	automobile, stocks and bonds, savings and a few other personal
	possessions worth $200,000.  The executor's commission and 
	attorney's fees to probate this estate in California would amount
	to $10,300. Average fees in other states range from 3.8% in Utah
	to 11% in Alaska. 

	2.  Probate takes too long.
	
	On the average, it takes two to five years to settle an estate. 
	For all practical purposes, the estate is frozen during probate
	while the judges, court officials and attorneys have a field day
	picking it apart.  The beneficiaries, in the meantime, wait, wait,
	and wait. This is why many lawyers would rather write wills for
	$60, and then make a bundle when the will is probated. 

	3.  It creates unwanted publicity.

	Everything in probate court is a matter of public record and, 
	unfortunately, there are individuals who go from probate court to 
	probate court compiling lists which are sold to unscrupulous
	people who prey on widows and try to separate them from their
	inheritance. 

		HOW CAN YOU ESCAPE FROM THE VAGARIES OF PROBATE?

A.  The law has provided everyone with a magical key to probate exemption;
it's called "inter vivos trust" or a "Living Trust."  With a Living Trust,
you can pass on your assets to your spouse or children or other heirs in
its entirety - without delay, and without the lawyers, administrators,
courts, or the appraisers skimming off the top. 

Here's how a Living Trust works.  You create the trust by preparing an
instrument in which you simply identify: 

	1.  Assets you're transferring to the trust
	2.  Beneficiary of the trust (your spouse, children or other
	    heirs)
	3.  Trustee (i.e. you) who'll manage the trust. 

B.  By creating a simply Living Trust document, you free yourself of the
legalized larceny of probate.  Simple as that. 

A Living Trust is set up by you while you're alive.  You name yourself as
"trustee" and you maintain full control over your assets just as before. 
You can do whatever you wish to do with them - manage them, sell them, or
give them away.  The trust does not become effective until you die or
become incapacitated. 

	1.  You can abolish the trust, alter its terms or change the 
	beneficiaries at any time you wish.  It provides you with the
	maximum amount of flexibility. 

	2.  Disgruntled heirs find trusts extremely difficult to
	contest.  They would need to hire a lawyer and file a civil suit. 
	Your estate isn't tied up on lengthy litigation. 

	3.  A Living Trust offers another important benefit.  With a
	Living Trust, you can specify in advance whom you want to manage
	your affairs if you ever  become incompetent.		

	4.  With a Living Trust, the beneficiary walks into a bank with 
	the trust instrument and the death certificate - and walks out
	with the money.  No two to five year delay.  No ten percent in
	expenses.  And no publicity. 

	5.  In the final analysis, the greatest advantage of a Living
	Trust lies in the savings of attorney's fees, administrator's and
	executor's commissions and court costs.  It's a magical, wonderful
	formula that allows you to avoid probate. 

	
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				Sincerely,

				Jay M. Barry


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