The revocable living trust avoids probate because the assets that are placed in the trust have been removed from the individual name of the decedent. Since the probate estate consists only of those assets that are in the decedent's individual name, removing them from that name is the step necessary to avoid inclusion in the probate estate.
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Michael L. Cahill is an attorney and certified public accountant providing estate planning, probate and tax services in the St. Petersburg, Seminole, Largo, Clearwater and Florida gulf beach communities.