It is a common misconception that avoiding probate is the same as avoiding estate taxation.  While use of a “living trust” will avoid probate proceedings, avoiding probate does not necessarily mean avoiding estate taxes.  The assets in a “living trust” are part of a person’s gross estate for the estate tax purposes just the same as probate assets.  However, both the will and “living trust,” when properly written and with advice on the proper ownership of assets during lifetime, may include estate tax avoidance techniques which may save substantial tax dollars for the benefit of the family.