By Chuck Roulet, Estate Planning & Elder Law Attorney │ Roulet Law Firm, P.A.
|
Quick Answer Most people believe a will is simpler, cheaper, and just as effective as a trust. Most people are wrong. Wills must go through probate — a public, court-supervised process that costs a percentage of your estate by law in both Florida and Minnesota. Trusts avoid probate entirely, keep your affairs private, and protect your family from delays, unnecessary costs, and cash-flow emergencies at the worst possible moment. This article busts the 7 biggest myths I hear — and explains what the law actually says. |
I have been practicing estate planning and elder law for nearly 30 years. I am licensed in both Minnesota and Florida. In that time, I have sat across the table from thousands of families — good people, smart people — who came in believing things about wills and trusts that were simply not true.
Some of those beliefs came from a well-meaning neighbor. Some came from a quick Google search. And honestly? Some came from the comment section of a YouTube video.
I do not say that to be harsh. I say it because bad information about estate planning has real consequences. It costs families money. It costs them time. And sometimes — it costs them their inheritance.
So today, I want to set the record straight.
Here are the 7 biggest myths I hear about wills and trusts — and the truth behind every single one.
Myth #1 — “A Trustee Can Do Whatever They Want With Your Assets”
This is probably the most dangerous myth out there. And I hear it more often than you would think.
Here is the truth: A trustee cannot do whatever they want. Not even close.
Trustees are bound by what the law calls fiduciary duties — and these are some of the most serious legal obligations that exist. When someone agrees to serve as your trustee, they are legally required to follow strict rules.
The Fiduciary Duties Every Trustee Must Follow
- Duty of Loyalty — The trustee must act solely in the interest of the beneficiaries. Not their own interest. Not their family’s interest. Yours.
- Duty of Prudent Administration — The trustee must manage your assets the way a careful, reasonable person would.
- Duty to Account — The trustee must keep accurate records and report to beneficiaries regularly. This is not optional.
- Duty to Follow the Trust — The trustee must follow the written instructions in the trust document. Those instructions are legally binding.
If a trustee violates any of these duties, any beneficiary has the legal right to take them to court — seek their removal, demand repayment of losses, and hold them personally liable.
Yes, that means court involvement is possible. But here is the key: that only happens if something goes wrong. With a will, court involvement — probate — is guaranteed, every single time, no matter what.
Myth #2 — “Probate Is Cheap and Easy If Your Will Is Simple”
I hear this one constantly. And I understand why — it sounds logical. Simple will, simple process, right?
Wrong.
Probate costs are not based on how simple your will is. They are based on the size of your estate.
Florida: Statutory Fees Under F.S. §733.617
In Florida, the law is very specific about this. Florida Statute §733.617 sets the fees for both the personal representative and their attorney:
|
Estate Value |
Personal Rep Fee |
Attorney Fee |
TOTAL |
|
First $1 Million |
3% |
3% |
6% |
|
Next $1 Million |
2.5% |
2.5% |
5% |
|
Over $3 Million |
2% |
2% |
4% |
Let that sink in for a moment.
If you own a home worth $500,000, some retirement accounts, and a modest savings account — and your estate totals $750,000 — probate could cost your family $45,000 in fees alone, based on the statutory rate. And that is before any filing fees, court costs, or other expenses.
Your will could be one page long. It would not matter. The fees are tied to the value of your estate, not the complexity of your document.
Minnesota: The Uniform Probate Code and “Reasonable Compensation”
Minnesota has adopted the Uniform Probate Code. The state originally had specific fixed fees written directly into its statutes — similar to Florida’s structure. However, those fixed statutory fees were challenged and ultimately reviewed by the Minnesota Supreme Court, which ruled that they potentially violated a provision of the Minnesota State Constitution. As a result, the fixed fee schedule was removed.
What replaced it? The standard of “reasonable compensation” for both the personal representative and the attorney.
Here is the practical reality: when courts and attorneys in Minnesota need to evaluate whether a fee is “reasonable,” they look to the Uniform Probate Code’s fixed fee schedule as the benchmark. That schedule — like Florida’s — pegs fees at 3% of the estate for the personal representative and 3% for the attorney.
So while the mechanism is different, the outcome is nearly identical.
|
As I tell families I work with in Minnesota: even in the fastest, easiest probate, you are still looking at a minimum of $5,000 to $6,000. In most cases, it runs well over $10,000. And on a $750,000 estate, the same 3% + 3% benchmark that applies in Florida applies here too — a potential $45,000 in fees. |
A trust, by contrast, has zero mandatory court involvement and zero statutory fees — unless a trustee dispute arises.
A Story From My Practice That Puts This in Human Terms
|
A Real Family. A Real Cost. A Lesson Learned the Hard Way. I recently had a client come in to update her estate planning documents following the tragic death of one of her daughters in a car accident. One of her other daughters joined us for that meeting. As we talked, her daughter opened up about what the family had been going through. Her sister — the one who had passed — had no trust in place. They believed she may have had a will, but no one could find it. And it did not matter much either way: without a trust, the estate still had to go through probate regardless. This daughter had been working with a Florida probate attorney to administer her sister’s estate. By the time we met, the family had already spent over $35,000 in probate costs — and they were not finished yet. But here is the detail that stopped me: they had to front those costs out of their own pockets. Because of the probate process, they did not have access to any of her sister’s accounts until they reached a certain point in the proceedings. The money would eventually be reimbursed — but in the meantime, they had to come up with tens of thousands of dollars on their own, while grieving, while planning a funeral, while trying to hold things together. “What would have happened,” she said, “if we didn’t have the funds available to front everything?” And then she looked at her mother and said she was so grateful that her mom had a trust. Not only would the family avoid the probate costs entirely when the time came — they would have immediate access to bank accounts and other assets to cover funeral expenses and other costs right away. No waiting. No fronting. No scrambling. That conversation is exactly why I do this work. |
Myth #3 — “You Don’t Need a Lawyer to Probate a Will”
Technically, in some states, a personal representative can handle certain parts of probate without an attorney. But “technically possible” and “wise” are two very different things.
Probate involves court filings, deadlines, creditor notifications, asset inventories, tax considerations, and final accountings. Missing a step — or missing a deadline — can expose the personal representative to personal liability.
More importantly, the statutory fees described above? They apply whether you hire an attorney or not. The attorney fee is separate from the personal representative’s fee. So the idea that skipping a lawyer saves money misunderstands how probate fees actually work.
I have seen families try to handle probate on their own to save money. In almost every case, they either made costly mistakes or ended up hiring an attorney anyway — after the damage was already done.
Myth #4 — “Attorneys Push Trusts Because They Make More Money”
I want to address this one directly, because it deserves a straight answer.
This is backwards.
A properly funded trust, administered correctly, generates very little ongoing legal work for an attorney. Probate, on the other hand, involves court filings, attorney appearances, and billable hours — often over 12 to 18 months or longer.
If I were motivated purely by fees, I would be pushing wills and probate, not trusts.
I recommend trusts when they are the right tool for a client’s situation because that is what nearly 30 years of experience tells me is right. Not every client needs a trust — but when they do, the math is not even close.
Here is a question worth asking: Who is more likely to give you unbiased advice — a licensed attorney with a legal and ethical obligation to act in your best interest, or an anonymous commenter on the internet?
Myth #5 — “A Will Keeps Your Affairs Private”
A will becomes a public document the moment it enters probate.
Anyone — a nosy neighbor, a disgruntled relative, a scammer, a creditor — can walk into the courthouse and read your will. They can see what you owned, who you left it to, and how much everything was worth.
I have seen families blindsided by this. They thought their financial affairs were private. They were not.
When Privacy Loss Becomes Predatory: A Story From My Practice
|
The Snowmobile. The Open Water. And What Happened Next. Years ago, I helped a client — someone I had worked with to build his own trust — navigate the probate of his brother’s estate. His brother and sister-in-law had died tragically. They were at their lake cabin in northern Wisconsin over the holidays. One night, they decided to ride their snowmobile across the lake to visit friends. They drove into open water and never came home. They left behind two children, both in their early twenties. The estate went through probate in Minnesota, where the family lived and worked. They had a will — but a will still meant probate, and probate meant public record. At some point during the administration, my client pulled me aside and asked if there was anything we could do. His niece and nephew, he said, were being harassed non-stop. I had to tell him there was nothing we could do. Between the life insurance, the family home, and the remaining assets, over $3 million had just landed in the laps of two grieving young adults. And because it went through probate, that was public knowledge. Every dollar of it. Anyone who knew how to look up a courthouse record — and plenty of people do — could see exactly what those kids had inherited. A whole lot of people suddenly wanted to help them spend it. They were orphaned. They were grieving. And they had a target on their backs — because their parents had a will instead of a trust. |
A trust, by contrast, is a private document. It never enters the public record. Your assets, your beneficiaries, and your wishes stay between your family and your attorney.
For many of my clients — especially those with real estate in multiple states, significant assets, or blended family situations — this privacy is not a luxury. It is a necessity.
Myth #6 — “A Will Avoids the Delays of Estate Administration”
People sometimes assume that because a will feels simpler to create, it must also be faster to settle.
The opposite is true.
Probate in Minnesota and Florida typically takes a minimum of 12 months — and that is if everything goes smoothly. In contested situations, it can drag on for years. During that time, your family cannot access most of the estate’s assets. They cannot sell the house. They cannot close accounts. They wait.
And sometimes, the consequences of that delay are not just frustrating. They are financially devastating — and they arrive at the worst possible moment.
A Story That Illustrates Everything Wrong With Relying on a Will
|
Days After Retirement. A Stumble. And a Probate That Never Should Have Happened. I helped a woman through one of the more painful probates I have been involved in. Her husband was an airline mechanic in Minnesota. He had just retired — literally days before this happened. He went out one evening to celebrate with co-workers. As they were leaving the restaurant, he was distracted, tripped on the curb, fell, hit his head, and died. He had a will. This was a second marriage, and he and his wife co-owned the home they lived in together. But he had owned a lake home before the marriage, and his name alone was on that deed. A few months after his passing, a storm damaged the lake home. His wife went to collect the insurance proceeds to cover the repairs — and was told she could not. His name was the only name on the deed. She had no legal authority over the property until his estate was properly administered. So we had to open probate. Not because anyone wanted to. Not because it was complicated. But because the lake home was in his name alone, and there was no trust to transfer it automatically. Here is where it gets worse. He had a falling out with one of his sons from his previous marriage and had disinherited him in the will. When we opened probate, we were required by law to provide notice to all interested parties — including that son. He showed up at the initial hearing and said three words: “I challenge this.” That was it. Three words. And with those three words, the entire proceeding shifted to a formal process — more closely supervised by the court, more expensive, more time-consuming, and far more stressful for my client. Then he disappeared. We never heard from him again. He never filed anything. He never appeared at another hearing. He simply vanished. But the damage was done. His single act of contacting the court one time — making one statement with no follow-through — cost his stepmother months of additional proceedings, significantly higher legal fees, and an enormous amount of emotional stress on top of her grief. Here is what I want you to understand about the difference a trust would have made: If her husband had set up a fully funded trust — with both the primary home and the lake home properly transferred into it — his wife would have had immediate access to everything. The storm damage? She could have collected the insurance check the next day. The estate? She could have begun administering it without a single court appearance. And if the disinherited son wanted to challenge a trust? He would have faced a dramatically higher hurdle. He would have needed to find and retain an attorney, pay that attorney to prepare formal legal pleadings, serve them on his stepmother, and pay court filing fees — just to get started. I can tell you with confidence: I do not believe he would have done it. The will made it easy to cause harm with almost no effort. A trust would have made that same disruption cost him real time, real money, and real commitment — and he had none of those to give. |
A trust, properly funded and administered, can often be settled in a matter of weeks — with no court involvement, no mandatory notice to disgruntled heirs, and no window for last-minute disruption.
Myth #7 — “Trusts Are Only for the Wealthy”
This one keeps middle-class families from protecting themselves — and it breaks my heart.
Trusts are not just for millionaires. They are for anyone who owns a home, has minor children, wants to avoid probate, values privacy, or wants to make sure their wishes are actually carried out — privately, efficiently, and without court involvement.
If you own a home in Florida or Minnesota — even a modest one — you have an estate. And that estate will go through probate if you only have a will.
The cost of creating a trust is a one-time expense. The cost of probate is a guaranteed, recurring percentage of everything you own, paid by your family, at the worst possible time — when they may not have ready access to funds to even begin the process.
Frequently Asked Questions
Can a trustee really be held accountable?
Yes — absolutely. Trustees are fiduciaries under the law. If a trustee breaches their duties, any beneficiary can file a legal action to remove them, recover losses, and hold them personally liable. The trust document itself is a legally enforceable contract.
Is probate always required if I have a will?
In most cases, yes. If you have assets titled solely in your name and your only estate planning document is a will, those assets must go through probate in Florida or Minnesota. There are some exceptions for very small estates, but for most homeowners, probate is unavoidable with a will alone.
How much does probate cost in Florida?
Under Florida Statute §733.617, the statutory fee is 3% of the estate for the personal representative and 3% for their attorney — a potential total of 6% on the first $1 million. These fees apply regardless of how simple the will is.
How much does probate cost in Minnesota?
Minnesota uses a “reasonable compensation” standard rather than a fixed statutory fee, after its original fixed fee schedule was ruled potentially unconstitutional by the Minnesota Supreme Court. In practice, courts and attorneys look to the Uniform Probate Code benchmark — which tracks at roughly 3% for the personal representative and 3% for the attorney — as the measure of what is reasonable. Even the simplest MN probate typically runs $5,000–$6,000 at minimum, and commonly exceeds $10,000.
Do I need a trust if I already have a will?
That depends on your situation. If you own real estate, have a blended family, want to avoid probate, value privacy, or have a minor beneficiary, a trust is almost certainly the better tool. A will alone is rarely sufficient for most homeowners in Florida or Minnesota.
What happens if my family can’t afford to front probate costs?
This is one of the most overlooked risks of relying on a will alone. During the probate process, your family may not have access to estate assets until the proceedings reach a certain stage — yet the costs to move the process forward must be paid upfront. Families who cannot access those funds can find themselves in a genuine financial bind at an already devastating time. A properly funded trust eliminates this problem entirely by providing immediate access to assets.
Are trusts only for wealthy people?
No. If you own a home, have children, or simply want your affairs handled privately and efficiently — without court involvement — a trust may be the right choice regardless of the size of your estate.
Ready to Get the Facts About Your Own Estate Plan?
If you have been relying on what a neighbor told you — or what you read online — it may be time to get a second opinion from someone who does this every day.
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.
If you would like to discover more, join us in my upcoming masterclass where I reveal strategies I use with my private clients to help them avoid probate, save on taxes, protect the money they leave for their kids in the event they get divorced and much more. Click here to register.
Legal Disclaimer
This article is provided for general informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Estate planning 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.
