Housing Market Savvy

Scott Heisey, Stewart Title's Vice President, on the difference between a will, trust, power-of-attorney, and probate

Pat Kapowich Season 1 Episode 4

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0:00 | 44:21

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 Scott Heisey, Stewart Title's Vice President and Manager of the firm's Trust Department, recently sat down with Pat Kapowich to discuss the difference between trust and probate and between a will and a trust. Heisey explained that when a person dies intestate (without a will), their assets are distributed according to state law.

However, if a person dies testate (with a will), their assets are distributed according to the terms of their will.

Heisey also explained that a trust is an arrangement whereby a trustee holds and manages property for the benefit of another person, known as the beneficiary. A trust can be either revocable or irrevocable. A revocable trust can be amended or revoked by the settlor (the person who created the trust), while an irrevocable trust cannot be amended



Guest: Scott Heisey

Company Name: Stewart Title of California, Inc.

Email: Scott.Heisey@Stewart.com

Phone: Cell: 408-489-5288

Host Pat Kapowich is a Certified Real Estate Brokerage Manager and career-long consumer protection advocate.

Santa Clara County Association of Realtors 'President's Choice Award' "For demonstrating principles of good real estate practice; promoting and protecting home ownership and property rights; and distinguished service to members and the community."

Industry Designations Earned

  • Certified Residential Specialist (CRS)
  • Accredited Buyer's Representative (ABR)
  • Graduate, REALTOR® Institute (GRI)
  • Seniors Real Estate Specialist (SRES)
  • Certified Trust & Probate Specialist (CTPS)

Since 1988, regardless of market cycles, Pat maintains a median of 9 days on market for single-family homes and 8 days for condos/townhomes.

Media & Publishing
Covered by or written for: The Wall Street Journal, San Jose Business Journal, San Jose Mercury News, East Bay Times, Broker/Agent Magazine, Bay Area News Group, and California Association of Realtors Magazine.

Pat is a lifelong resident of Silicon Valley, California. Office: 408-245-7700 | Email: Pat@SiliconValleyBroker.com | License: Broker# 00979413

Real-time market data: https://www.siliconvalleybroker.com/market