Bench & Bar July/August 2025

“ ” WHAT YOU NEED TO KNOW ABOUT PROBATE WILLS & WHISKEY: BY KELLI E. BROWN I WANT TO AVOID PROBATE, RIGHT? HOW DO I DO THAT? There are ways to avoid probate, and there are also reasons why probate may be ben eficial. I find that there is a great deal of fear surrounding probate propagated to the general public, and in my experience, much of it seems to be fueled by commercials and social media posts from so-called “experts” offering to teach the public how to avoid probate at a “free steak dinner.” (But hurry – there’s “limited seating!”) assets passing out side of probate. A Revocable Trust is a document that holds assets and provides instructions for the management of assets while a person is living, if they become incapacitated, and when they die. When FEATURE: COCKTAIL LAW VOL. II

or Bitwarden). These apps not only store passwords securely but often allow you to designate a trusted person who can access your information in the event of your death. But as we found out recently with 23andMe, companies can file for bankruptcy, leaving sensitive information potentially exposed. 2. ENCRYPTED SPREADSHEET Others prefer to keep a spreadsheet list ing their accounts and passwords. This is acceptable, but it is essential that the file be password protected and stored in a secure location ( e.g. , an encrypted USB drive or secure cloud folder) with those in estate planning leadership positions having access. 3. PRINTED LIST (WITH CAUTION) Some people keep a printed list stored in a home safe or fireproof lockbox. If you go this route, make sure a trusted person knows where it is and how to access it. Whatever method, it is critical to ensure that your trusted designees (like your executor or trustee) know how to locate and access this information when the time comes. IF MY MOM DOES NOT HAVE A WILL, DOES IT ALL GO TO THE STATE? People often ask me, “If my mom doesn't have a Will, does everything go to the state?” And I always have to smile. It is a

a Will is drafted as a companion to a Revo cable Trust, the Will typically states that all assets passing through probate are dis tributed into the Revocable Trust. This distribution of probate assets into the Revo cable Trust generally occurs when probate is completed. A Revocable Trust is a docu ment that distributes: (1) any probate assets that “poured” into it; (2) assets titled in the name of the trust during the settlor’s life; and (3) any assets that come into it via bene ficiary designation. What I wish the average (everyday, ordinary, general public) person understood about Revocable Trusts is that the benefit comes primarily with respect to the privacy features; it does not allow for avoidance of tax or protection from eligibil ity for Medicaid (i.e., nursing home). It is worth noting that Revocable Trusts involve more upfront cost and complexity than a simple Will. Also, real estate records are public either way, so using a trust does not necessarily provide privacy in that respect. WHERE SHOULD I KEEP MY PASSWORDS? This is a great question. Managing digital assets is important. Here are some common and secure ways to store passwords: 1. PASSWORD MANAGER APPS Many people use trusted password manager apps (like Dashlane, LastPass, 1Password,

While I can only speculate about what actually happens at those meetings, what I do know is this: probate is simply the legal process for re-titling assets and settling the affairs of someone who has died. That is it. Probate is not inherently evil or predatory, nor is it something everyone must avoid at all costs. Whether or not an estate goes through probate usually comes down to how the Decedent’s assets were titled at the time of death. With the right planning, including the use of beneficiary designations, joint ownership, or trusts, many assets can pass outside probate if that is what is best for the client’s situation. But even when probate is required, it is often a manageable, court-su pervised process designed to protect heirs and creditors alike. The fear is often disproportionate to the reality. Probate may not always be convenient, but in many cases, it is straight forward and entirely appropriate. WHAT IS THE DIFFERENCE BETWEEN A WILL AND A REVOCABLE TRUST? A Will is a document that controls assets passing through probate. It does not control

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