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User Stats

127
Posts
20
Votes
Kay March
  • Gainesville, FL
20
Votes |
127
Posts

Can TICs avoid probate, like DSTs?

Kay March
  • Gainesville, FL
Posted

One advantage to DSTs is that they don't go through probate when the owner dies. The trustee distributes the owner's interest according to the owner's instructions, as I understand it. The owners of TICs receive deeds, though, and I'm wondering whether those can be "lady bird" deeds with a beneficiary, which would also eliminate probate.

User Stats

210
Posts
78
Votes
Jason Taken
Lender
  • Lender
  • Chicago, IL
78
Votes |
210
Posts
Jason Taken
Lender
  • Lender
  • Chicago, IL
Replied
Quote from @Kay March:

One advantage to DSTs is that they don't go through probate when the owner dies. The trustee distributes the owner's interest according to the owner's instructions, as I understand it. The owners of TICs receive deeds, though, and I'm wondering whether those can be "lady bird" deeds with a beneficiary, which would also eliminate probate.


Do you mean Tenants in Common when you say TIC? If so, no, they do not avoid probate.

User Stats

102
Posts
105
Votes
Jon Taylor
  • Pasadena, CA
105
Votes |
102
Posts
Jon Taylor
  • Pasadena, CA
Replied
Quote from @Jason Taken:
Quote from @Kay March:

One advantage to DSTs is that they don't go through probate when the owner dies. The trustee distributes the owner's interest according to the owner's instructions, as I understand it. The owners of TICs receive deeds, though, and I'm wondering whether those can be "lady bird" deeds with a beneficiary, which would also eliminate probate.


Do you mean Tenants in Common when you say TIC? If so, no, they do not avoid probate.


Neither the DST, nor the TIC inherently avoid probate. Both structures are treated as investment real estate and subject to the same issues as a sole ownership rental property.

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