07/01/2026
Cutler Law – Estate/Elder Law Myth #5
"My assets will go to my spouse or children and avoid probate because they're named in my Will."
Unfortunately, that's often not true.
A Will is an important part of an estate plan, but assets transferred through a Will generally must go through probate. That's why I often tell clients: "You want to have a Will, but then try not to use it."
For example, if a vehicle, bank account, or home is titled only in your name, simply leaving it to someone in your Will may still require probate. Proper beneficiary designations, transfer-on-death arrangements, and asset titling can often save your family significant time, expense, and stress.
One of the biggest mistakes I see is people attempting a DIY estate plan online. Estate planning is much more than drafting a Will. In some situations, choosing a Will when a trust would have been more appropriate can create unnecessary probate expenses, delays, loss of privacy, or even leave vulnerable beneficiaries without the protections they need.
A good estate plan coordinates your Will or trust, beneficiary designations, asset titling, powers of attorney, and healthcare documents so they all work together.
The goal of estate planning isn't just deciding who receives your assets—it's making sure they receive them in the most efficient and protected way possible.
Experience Matters
For informational purposes only. Not intended as legal advice.