By Jay Greene–
Probate can turn into a nightmare for families, dragging out the distribution of an estate with long delays, steep costs, and even bitter disputes. Consider the case of Prince, who passed away without a will—his $100–$300 million estate was stuck in probate, racking up over $7.5 million in fees by 2019. Then there’s Marilyn Monroe, whose estate took 39 years to settle, losing half to taxes while her likeness ended up in the hands of unintended parties. These real-life probate horror stories show just how stressful and costly the process can be for loved ones left behind.
The good news? You can spare your family this ordeal. With smart estate planning, especially through living trusts, you can sidestep probate entirely and ensure your wishes are carried out smoothly.
What Is Probate?
Probate is the court-supervised process of validating a will (if one exists) and distributing a deceased person’s estate. Without a will, state laws dictate who gets what, often ignoring the deceased’s true intentions. It’s a public, expensive, and time-consuming ordeal that can spark family conflicts and delay inheritances for months or even years.
Five Benefits of Estate Planning With a Living Trust
1. It avoids probate.
A living trust lets your estate skip the probate process altogether. Unlike a will, which requires court approval, a living trust transfers your assets directly to your beneficiaries—quickly and without hefty legal fees. Imagine if Prince had a living trust; his heirs could have avoided years of probate chaos and millions in costs.
2. It keeps your affairs private.
Probate lays your financial details bare for anyone to see—creditors, predators, or even nosy neighbors. A living trust keeps everything confidential, shielding your family from unwanted scrutiny. Marilyn Monroe’s decades-long public probate battle could have been avoided, preserving her privacy and legacy with a living trust.
3. It controls how your assets are distributed.
With a living trust, you decide exactly how and when your beneficiaries inherit. Want your kids to receive their share only after they turn 30 or graduate college? You can make it happen. This control prevents mismanagement and ensures your loved ones benefit when they’re ready to handle the responsibility.
4. It protects you during incapacity.
A living trust isn’t just for after you’re gone—it also safeguards you if you can’t manage your affairs due to illness or injury. Your chosen successor trustee steps in seamlessly, avoiding the need for a court to appoint a conservator. It’s peace of mind knowing your finances are in trusted hands no matter what.
5. It adapts to life’s changes.
Life isn’t static, and neither should your estate plan be. Living trusts are revocable, meaning you can tweak them as circumstances evolve—think marriage, divorce, or a new grandchild. This flexibility ensures your plan always reflects your current wishes.
Take Charge of Your Legacy Today
Don’t let your family face the probate nightmares that have haunted others. A living trust offers a simple, effective way to protect your assets, your privacy, and your loved ones. Contact Greene Law Firm, P.C. today to start building your estate plan and secure the future you envision. Call us at 415-905-0215 or email us at info@greenelawfirm.com today.
Statements In Compliance With California Rules of Professional Conduct: The materials in this article are for educational purposes only and are not legal advice. Consult an estate planning attorney for personalized guidance.
Jay Greene, Esq., CPA, is the founder of Greene Estate, Probate, & Elder Law Firm in San Francisco, helping LGBT individuals, couples, and families secure their future. For more information, visit: https://greenelawfirm.com
Trust Essentials
Published on April 24, 2025
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