Most people assume their financial affairs are private after they die. For families who rely on a will alone, that assumption is wrong — and the consequences can be serious.
How Probate Creates a Public Record
When someone dies with a will, the personal representative must file the will with the probate court to begin the administration process. Once filed, the will and most probate filings become part of the public court record. In Florida and Minnesota alike, these records are available to anyone who requests them — at the courthouse in person or, increasingly, through online court record systems.
The public record includes the will itself, the inventory of estate assets, the names and addresses of beneficiaries, the value of the estate, and the final distribution. Creditors, scammers, estranged relatives, and opportunistic strangers can access all of it.
What Happens When the Wrong People Find Out
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A Story From My Practice Years ago, I helped a client navigate the probate of his brother’s estate. His brother and sister-in-law had died in a tragic snowmobile accident at their Wisconsin lake cabin over the holidays. They were Minnesota residents, so the estate went through Minnesota probate. They had a will. And that will meant probate. And probate meant public record. Between the life insurance, the family home, and other assets — over $3 million had just landed in the laps of two grieving young adults in their early twenties. And because it went through probate, every dollar of it was a matter of public record. My client came to me and asked if there was anything we could do. His niece and nephew were being harassed constantly. Strangers who had looked up the courthouse records saw two young people with significant money and decided to make themselves available. I had to tell him there was nothing we could do. The information was public. It was legal. And it could not be taken back. They were orphaned. They were grieving. And a will put a target on their backs. |
This Is Not Unique to Large Estates
The privacy loss is not limited to multi-million-dollar estates. Any estate that goes through probate — regardless of size — becomes part of the public record. A home, savings account, and life insurance policy that total $400,000 are just as visible in the courthouse filing as $4 million.
Creditors look for probate filings to file claims against estates. Identity thieves look for names, dates of birth, and addresses of recent decedents. And unfortunately, there are people who specifically target grieving families they believe have just come into money.
How a Trust Protects Your Privacy
A revocable living trust never enters the public record. It is a private document between you, your trustee, and your beneficiaries. When you die, the trustee administers the estate privately — no court filings, no public inventory, no published record of what you owned or who received it.
For clients with real estate in multiple states, blended family situations, significant assets, or any concern about privacy, a trust is not a luxury. It is the only tool that actually keeps your family’s affairs private.
For a complete comparison of what wills and trusts do — and do not — see our article: 7 Common Myths About Wills vs. Trusts.
Ready to Talk Through Your Situation?
Call us today at (941) 909-4644 for our Sarasota County, Florida office or at (763) 420-5087 for our Minnetonka, Minnesota office to schedule your consultation. Or you can fill out the contact form on this page and a member of our team will reach out to schedule your consultation.
The right plan is not the one that sounds simplest. It is the one that actually protects your family.
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About the Author Chuck Roulet is an estate planning and elder law attorney with nearly 30 years of experience, licensed in both Minnesota and Florida. He is the founding attorney of Roulet Law Firm, P.A., with offices in Minnetonka, MN and Venice, FL. He has been featured in USA Today and other national media, and is the author of The Florida Snowbird Guide. |
Legal Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. Please consult a licensed attorney in your state for advice specific to your situation. Roulet Law Firm, P.A. is licensed to practice law in Minnesota and Florida.
