Most people don't need a living trust to avoid probate

There are simple tools that most people can use to avoid probate. 

Attorney Tom Olsen: Chrissy, let's take a moment to tell listeners what we knew already, and that is, we are focusing on easy ways to avoid probate. What’s a hard and expensive way to avoid probate? A living trust.

Chrissy: Yes.

Attorney Tom Olsen: Sometimes they are appropriate for clients. Many times they are easy ways to avoid probate and not a living trust, which is complicated and expensive.

Chrissy: Everyday, we both get calls, people asking about that they want to get a living trust because they want to avoid probate, and it is just the greatest joy to be able to tell them there are easy ways.

Attorney Tom Olsen: Yes, living trust is complicated and expensive. Now, why am I saying this? Because yesterday I had another client who came to me with the living trust, let's call it two inches thick, done by a well-known attorney. I see her advertising in the newspaper, copy-cat, and I told these people, "Wow, you never needed a living trust to avoid probate. This is a scam." They looked at me and go, "Yes, this was a scam." Two inches thick. Why is it two inches thick? Because when it's two inches thick, the attorney can charge a whole, whole, whole lot of money and justify it.

Chrissy: Did the attorney help them avoid probate by what they did?

Attorney Tom Olsen: No, the living trust was empty. Didn’t put their home on the living trust. Her home was still going through probate. So they paid all that money, and what did they get? Nothing. Here’s the lesson I'm trying to tell you, folks out there, if you call most of lawyers in Florida and you speak these words, "I want to avoid probate." they're going to tell you you need a complicated, and therefore expensive living trust. We’re here to tell you that there are simple tools to avoid probate.

Chrissy: Absolutely, and again, once again, Tom, we get calls like this everyday. If somebody speaks the words to an attorney, "I need a trust to avoid probate." many of the attorneys are going to say, "Okay."

Attorney Tom Olsen: "Okay, we'd love to do you one."

Chrissy: Right. Absolutely. Then the sad part of that is that, not only again do they pay a lot for something that they may not need, but the worst of all, we know, just like the client you had yesterday, they now have a false sense of security.

Attorney Tom Olsen: Yes, people think, "I've got a living trust, everything's going to be okay." That’s not necessarily true. Folks, again, we're focusing on simple tools to avoid probate. We do regular workshops on those. We have one coming up Thursday. But even if you can't come this Thursday, you can still call or text Chrissy, we'll get you on a list for an upcoming one.

Chrissy: Exactly. Furthermore, absolutely. All you listeners out there, if you have a living trust, feel free to call us. Call or text me at 407-808-8398, and Tom, me, we will be happy to review what you have for free.

Attorney Tom Olsen: Okay. We will do that. First of all, we want to say look, a living trust can be the appropriate tool for avoiding probate in limited circumstances. The vast majority of people out there who want to avoid probate, they do not need a living trust. Some people do need a living trust. We can help you make that decision. If you need a living trust, we're going to do a living trust for you.

Chrissy: Exactly.

Attorney Tom Olsen: But what we really want to emphasize is, number one, you probably don't need a living trust to avoid probate. There are simple tools available to you. Number two, even as important is if you have a living trust, you are probably under a false sense of security that everything's going to be okay and you've avoided probate because you've got a notebook that's got two inches worth of documents in it, and how could it not be okay after you paid all that money?

Chrissy: Correct. We will be happy to review what you have for free to let you know if, hey, you're okay, or if not, what you would need to do to correct it.

Attorney Tom Olsen: All right. You want to get your trust reviewed, you want to come to our workshops on easy ways to avoid probate? It starts by calling or texting Chrissy anytime, 407-808-8398.