Can you give a specific example of someone who has been substantively harassed through this path? Other than say a single letter? This feels like a very very low likelihood of this sort of thing being a real problem. |
You think the state is doing that for free? Also, what is the downside to someone with $15M spending $5K to set up a revocable trust? |
| Some people are talked into one, or don't know enough to know they really don't need one. It sounds important, they think, so they are steered in that direction. |
DP. I haven’t heard of that scenario but people are absolutely going around and putting conservatorships on people in Florida and taking everything they own. These aren’t the worst stories. https://www.washingtonpost.com/nation/2023/11/04/florida-guardianship-investigation-safeguards/ |
Right, this I am aware of, but it isn't related to wills/trusts, etc. |
Well, a 10 second Google turned up this: https://www.reddit.com/r/EstatePlanning/comments/160f12c/home_in_probategetting_random_texts/ |
| And, of course the scammers come out. That was my broader point. |
I truly hate America in 2025, that this kind of thing isn't better prevented by basic laws. I will note I get periodic similar calls/texts even though we have owned our home for 10 years and done zero public records changes. This stuff can be very annoying, absolutely, but not sure I would spend $5k to make sure my kids don't have to block annoying texts/calls. But a valid point! |
Also, so, so Florida. A state built on a foundation of swamps and scams. |
People who have all of these assets you list and are high NW wouldn't be concerned about the cost to establish instruments to protect them so much. Clearly OP isn't as loaded to have to worry about spending extra few thousands. |
Makes sense. Some of this can be accomplished outside of a trust. Like, our house of course passes to my spouse, as I believe a house should in almost all cases. Current 401k goes to spouse by law. Kids have 529 plans that wouldn't go to spouse. Kids have small UTMA accounts that wouldn't go to spouse. I also have some separate investment accounts; kids are beneficiaries, not spouse. In our case, my spouse has plenty of money and doesn't need all of mine if I die first. |
Probate fees are scaled— for example an estate of $1 million - $2.5 million in the probate estate (say the house but not retirement accounts with a beneficiary) would be $2000. That’s not free but it’s 0.08%, not 4-7%. One downside of revocable trusts are that you have to title things in the name of the trust which can be a pain (and slow down refinancing a mortgage, for example), but if you don’t do it then there’s no point to the trust. If you have $15 million by all means talk to your lawyer and decide what’s right for you but be clear that any advice you offer is intended for people who have $15 m and don’t mind spending extra and doing more paperwork now to avoid paperwork later. |
When my father passed unexpectedly few years back, there was no trust but a will. I handled the probate process (my mother is still around) and while it took close to a year it was nothing as bad as people make it. Fairfax County has a process which assists people with probate. I was able to complete everything with zero help from an attorney. If you can read and follow instructions, it’s nothing really. Only patience required. Btw, my father had a primary residence, rental properties, stocks, 401k, Roth - the whole fix. County fees were very minimal that everyone can afford. It’s not that bad really. |
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Likely unpopular opinion: I am generally quite risk averse but my wife and I choose not to have a will/trust at this time. We are both youngish and in good health. Everything of note is in each other's name. We find the very small chance of both of us unexpectedly dying at the same time is not worth the expense and effort of setting up a will where all of our assets will still go to the same parties as the legal default (i.e. our kids).
That being said, if either of us developed a terminal condition or one of us died unexpectedly, we would immediately set up a trust for our kids. Also when we get older with substantially more assets we will also be setting up a trust. |
How is this a downside? People here are claiming the only way out of probate is a Transfer of Deed, which people could also screw up and "is a pain." And, if you change your beneficiaries, you'd have to re-record it. So bizarre. This is definitely a hot-bottom issue for DCUM, which is odd because everyone here suddenly has $15M. |