Plan For The Future With Confidence

Plan For The Future With Confidence

2 ways financial assets can skip probate

On Behalf of | Apr 24, 2026 | Estate planning

When you pass away, many of your assets are going to go through probate. But it is important to remember that not all of them are bound by this process. There are some assets that can skip probate entirely, often by transferring out of your possession upon your passing.

One example of this is a payable on death account. This is also known as a Totten trust.

When you set up this type of account, it still operates similarly to a traditional financial or banking account. You are the only one who has access to it, but you can name a beneficiary who should become the account holder upon your passing. Because it is set up this way, it automatically transfers into their name, and they can often access those funds before probate has been completed.

A life insurance policy

A life insurance policy is similar. You buy the policy while you are alive, so you think of it as an asset that you own. But when you pass away, the life insurance provider makes the payout to your selected beneficiary.

In some cases, an estate plan may actually be in conflict with the beneficiary designation on a life insurance policy. At that time, it is important to note that the designation usually takes precedence. The insurance company is going to pay the beneficiary that they were instructed to pay, regardless of what you wrote in your will.

Comprehensive estate planning

Making an estate plan is important, and it is crucial to think about all of the assets you own and how they may or may not be impacted. Be sure you know what legal steps to take to make a plan that works for your family.

 

After more than 30 years of trusted service to the Greater Baltimore community and throughout the State of Maryland in Elder Law and Estate Planning, Frank, Frank & Scherr has been acquired by McDonald Law Firm, and is now fully part of McDonald Law Firm. This transition ensures long‑standing clients continue to receive experienced, compassionate legal guidance—now with expanded resources and a broader regional reach.

For more than a decade, McDonald Law Firm has specialized in Elder Law, Estate Planning, and Special‑Needs Planning, helping individuals and families plan for long‑term care, protect assets, preserve independence, and secure their loved ones’ futures. McDonald Law Firm proudly serves clients throughout Maryland and Washington, D.C., providing tailored legal solutions aligned with each client’s goals and circumstances.

By combining decades of trusted experience with a forward focused approach, McDonald Law Firm continues the legacy established by Frank, Frank & Scherr—delivering knowledgeable, personalized counsel in matters involving long‑term care planning, special-needs planning, and comprehensive estate strategies.

Schedule a consultation today to learn how the experienced elder law and estate planning attorneys at McDonald Law Firm can help you plan with confidence.

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