Your Will vs. Reality

If your estate plan is “Well, I have a will,” then your family will likely be headed to court.

Most Washington families believe a Last Will and Testament protects their loved ones. It doesn’t. A will does not avoid probate, does nothing if you are alive but incapacitated, and offers as much privacy as the front page of Reddit once filed.

PAUSE: Did You Know? You MUST file any existing will of the deceased within a specific time frame after they pass...

“Will vs. Reality” sounds like a sitcom title, but in real life it’s a legal gap that costs families time, money, and peace of mind every year.

The truth is uncomfortable: the advice our parents followed no longer matches the world we live in. Modern families, modern assets, and modern healthcare require more than a document that only works after you die. You've kept up with trends your entire life. Why not also keep up with your most critical rights and financial assets?

Here is the reality check most Washingtonians never get until it’s too late.

“A will doesn’t keep your family out of court. It tells the court what to do.”

Reality Check #1: A Will Does Not Avoid Probate

There is a pervasive myth that having a Will keeps your family out of court. This is false.

In Washington State, a Will acts as a set of instructions for the probate court. You don’t bypass probate with a will, you trigger it. If you pass away with assets in your name, specifically real estate of any value or personal property totaling more than $100,000 (thus being intelligible for Small Estate Affidavit), your estate will likely have to go through probate.

• The Consequence: Your loved ones are left navigating a court-supervised process that typically takes 6 to 12 months (or longer). It involves attorney fees, court costs, and a mandatory delay to allow creditors to file claims.

• The Privacy Issue: Once a Will is filed for probate in Washington, it becomes a public record. Anyone, including nosy neighbors or predatory solicitors, can look up exactly who stands to inherit.

The Solution? The Revocable Living Trust

If your goal is to reduce the burden on your loved ones, you want to avoid probate as much as possible. This is where a Revocable Living Trust shines.

Think of a Trust as a "treasure chest" you build while you are alive. You move your house, accounts, and assets into this chest. You hold the key (as the Trustee) while you are alive.

When you pass away, you simply hand the key to a trusted person (Successor Trustee) who distributes the contents according to the rules written in the Trust.

• No Court: The "chest" doesn't die when you do, so the courts don't need to get involved.

• Instant Access: Your family can access funds for funeral costs or bills almost immediately.

• Total Privacy: Trusts are private documents...

  
  

Reality Check #2: A Will Only Works After You Die

This is the single biggest gap in most "simple" estate plans. A Last Will and Testament is completely dormant while you are alive. It has zero legal power to help you, and by extension your family, if you are in a coma, suffering from dementia, or incapacitated by a stroke.

Modern medicine is a miracle worker; we are living longer than ever before. But this longevity increases the likelihood that we will spend a portion of our lives unable to make active decisions for ourselves.

“If you’re alive but incapacitated, a will is legally useless.”

If you only have a Will and you become incapacitated:

• Financially: Your spouse or family cannot automatically access your individual accounts to pay the mortgage or medical bills.

• Medically: Doctors may not know who has the authority to make critical life-or-death decisions.

  
  

Without proper documentation, your family’s only recourse is to sue for Guardianship (or Conservatorship) in court. This is an expensive, public, and humbling process where a judge declares you incompetent and appoints someone to manage your life.

The Solution? Durable Powers of Attorney

To fill this gap, your estate plan must include Durable Powers of Attorney (POA). These are the documents that protect you while you are alive.

1. Durable Financial Power of Attorney: This appoints a trusted "agent" to pay your bills, manage your investments, and handle your taxes if you cannot. It avoids the financial freeze-out that often accompanies a medical crisis.

2. Durable Healthcare Power of Attorney: This gives a specific person the legal authority to speak to doctors and make medical decisions on your behalf.

3. The Health Care Directive (Living Will): This provides your agents with clear instructions regarding life support and end-of-life wishes, sparing them the guilt of guessing what you would have wanted.

   
   

The Reality of a Will for You

The modern family is complex. We have blended families, digital assets, high healthcare demands, and a desire for privacy across the board. A simple Will from pre-2000 isn't built to handle the reality of 2026. The will is an excellent springboard, but make sure you have something soft you trust to land on!

The "Will vs. Reality" scorecard looks like this:

• Will: Guides probate (slow, public), works only after death.

• Trust + POAs: Minimize or eliminate probate (fast, private), protects you during life, and minimizes burden on your family.

  
  

Don't let "Reality" win. Ensure your plan covers not just your death, but your life and the well-being of those you leave behind by speaking to an estate planning attorney today.