Just last week, I received a call that reminded me why Hollywood has done such a disservice to families across America.
"Mr. Roulet," the voice on the other end said, "my sister passed away last month, and we're all wondering... when are we going to schedule the reading of her will?"
I paused. In my nearly 30 years as an estate planning attorney, having helped families in Minnesota and Florida navigate some of their most difficult moments, I've heard this question countless times. And each time, I have to deliver news that surprises people: Will readings like you see on TV really don't exist in real life.
Let me share what really happens when someone passes away, and more importantly, how you can protect your own family from unnecessary confusion, delays, and costs.
The Hollywood Myth That's Costing Families Time and Money
Picture this scene: A mahogany-paneled law office. Family members sitting in leather chairs, tension thick in the air. The attorney opens an envelope with dramatic flair and begins: "Being of sound mind and body, I hereby..."
Sound familiar? If you've ever watched a movie or TV show involving inheritance, you've probably seen this exact scene. But here's what they don't tell you in those dramatic moments: This isn’t what happens.
As someone who has been interviewed by USA Today, The Epoch Times, Live Life Large, and other national media about estate planning and provides continuing education to other attorneys and financial professionals around the world, I can tell you that attorneys don't gather families together for theatrical will readings. We have no idea where Hollywood got this idea, but it's created confusion for countless families during already difficult times.
What Really Happens When Someone Dies
The reality is much more straightforward, though it depends entirely on how the person planned their estate.
If There's No Will (Intestate)
When someone dies without a will, their family generally has to go through probate court. Here's what actually happens:
- A family member petitions the court to become the personal representative
- The judge decides who gets this role based on state law
- The court follows a predetermined formula to decide who inherits what
- Everything becomes public record
- Depending on what state you live in, the process typically takes 6-18 months and can cost thousands in legal fees
Let me tell you about Sarah. Despite her trying to get him to prepare an estate plan for years, her husband passed away without one. He was convinced it wasn’t necessary and that she, as his wife, “would just inherit everything”. Unfortunately, since he had children from a prior marriage, that is not what state law provided. Worse, there was a falling out between Sarah and the two kids she had with her husband and his previous children, which resulted in an expensive legal battle that could have been prevented had her husband taken the time to document his wishes with a written estate plan.
If There's a Will
A will is essentially a set of written instructions to a probate court judge. But here's the crucial part: a will has absolutely no legal authority until it's admitted to probate court.
You can't simply gather in a lawyer's office, read the will, and start distributing assets. That would be illegal. Instead:
- Someone must file the will with the probate court
- The court validates the will through a legal process
- A personal representative is appointed
- Assets must be inventoried and appraised
- Debts and taxes must be paid
- Only then can assets be distributed according to the will's instructions
This process is public, time-consuming, and expensive. Even with a simple will, families typically spend a minimum of $5,000, or more, in legal fees and court costs, not to mention the 6-18 months of waiting.
Judy (I’ve changed her name to protect her privacy) had also “bugged” her husband for years to update his estate plan. But like Sarah’s husband, he didn’t think it was necessary because he “had a will in place already”, and “everything would go to Judy automatically”. However, after he passed away, since her husband had purchased their home and lek home prior to their marriage, Judy had to go to probate in order to transfer the title to both properties into her name. This took several months and cost Judy several thousand dollars, all of which could have been avoided had her husband done some planning ahead of time.
The Better Way: Trust-Based Planning
Remember my client who called about his sister? As I explained to him, his sister had actually done something smart - she had created a trust. This meant her family could avoid probate entirely.
With a properly structured trust:
- Assets transfer immediately to beneficiaries
- Everything remains private
- There are no court proceedings
- Costs are minimal
- The process takes weeks, not months or years
Why This Confusion Matters More Than You Think
This isn't just about correcting a Hollywood myth. The confusion about will readings points to a much bigger problem: most people don't understand how estate planning actually works, and this lack of knowledge is costing their families dearly.
Consider these real statistics from families I've helped:
The Johnson Family (Minnesota): Had a simple will, thought they were "all set." When the husband died, probate took 14 months and cost thousands. The surviving spouse couldn't access certain accounts during this time, creating significant financial stress.
The Larson Family (Florida): Created a comprehensive trust-based plan. When the wife passed away, her husband had immediate access to all of the accounts to pay bills and the remaining assets transferred to him within a couple of weeks. It was done with minimal legal fees.
The difference? Proper planning that goes beyond just having a will.
The Questions You Should Be Asking Instead
Rather than wondering about will readings, here are the questions that will actually protect your family:
"How Can We Avoid Probate?"
Probate is expensive, time-consuming, and public. With proper trust-based planning, your family can avoid it entirely. This means:
- No court involvement
- Private asset transfers
- Immediate access to funds
- Minimal costs
- No waiting periods
"What Happens If We Become Incapacitated?"
Many people focus only on what happens after death, but what if you can't make decisions due to illness or injury? Proper planning includes:
- Healthcare directives
- Financial powers of attorney
- Disability income protection
- Long-term care planning
"How Can We Protect Our Children's Inheritance?"
Even if you successfully transfer assets to your children, are those assets protected from:
- Their potential divorces?
- Bankruptcy?
- Creditor claims?
- Poor financial decisions?
Advanced planning strategies can shield your legacy for generations.
Don't Let Hollywood Myths Derail Your Family's Future
The family who called me about the will reading learned an important lesson. While they couldn't change the past, they could certainly protect their own families' futures. After our consultation, they implemented a comprehensive estate plan that will save their children from the same confusion and costs they experienced.
The Real "Reading" Your Family Needs
Instead of a dramatic will reading in a lawyer's office, what your family really needs is a clear understanding of your wishes and a plan that actually works in the real world.
This means:
- Trust-based planning to avoid probate
- Tax minimization strategies
- Asset protection for your beneficiaries
- Healthcare and financial directives
- Regular updates as laws and circumstances change
During my nearly three decades of practice, I've seen the same pattern repeatedly: the families who plan properly experience smoother transitions, while those who rely on simple wills or no planning at all face months of court proceedings, thousands in unnecessary costs, and unnecessary stress during already difficult times.
Your Next Steps
If you're a homeowner with assets you want to protect, don't let Hollywood myths guide your planning. The "will reading" your family really needs is a comprehensive review of your current situation and a plan that actually works.
Take Action Today
Ready to protect your family from probate, minimize taxes, and ensure your wishes are carried out efficiently? Call us today to schedule a consultation to discuss your own planning at (941) 909-4644 for our Florida office or at (763) 420-5087 for our Minnetonka, Minnesota Office. Or you can fill out the contact form on this page and a member of our team will reach out to you to schedule your consultation.
Want to Discover More ?
Join us in my upcoming masterclass where I'll reveal the same strategies I use with my private clients and their families to:
- Help them avoid probate
- Save thousands in taxes
- Protect your children's inheritance from divorce, bankruptcy, and creditor claims
Would you like to discover how you can legally protect your home and life savings from long-term care and nursing home costs, then grab your copy of my book, Save Our Home: How to Protect Your Home and Life Savings from Long-Term Care and Nursing Home Costs. Click here to get your copy.
Don't leave your family's future to Hollywood fiction. Let's create a real plan that actually works.
