Sam and Diane

Back in 2019, I met with Sam Jones (names have been changed to protect client’s confidentiality) at a local senior center where I volunteered once a month.

Sam’s wife, Diane, had recently passed away, and for the first time in his life, Sam was concerned about what would happen to their assets, especially their home, if something were to happen to him.

We often do not think about death and its impact until we, or someone we love, has experienced the pain and confusion that comes with losing a loved one.

Sam and Diane had four children together. They worked diligently to pay off their home and ensure that their children would always have a safe place to land, even if something were to happen to them both. When Sam and his wife purchased their home, and later throughout the years as they worked to pay it off, they were unaware of the importance and value of a living trust.

They were also unaware of the unpleasant experience of probate that many grieving spouses, partners, or family members go through when there is no living trust. Sam and Diane did not know that their home would likely end up going through probate if it was not in a living trust.

Probate is a lengthy and expensive process that must go entirely through the court system. Sam did not realize that all final decisions about his assets would be made by a judge, and his and Diane’s wishes might not be fully honored. If Sam and Diane’s children were required to go through probate, the outcome of Sam and Diane’s estate would be uncertain.

More than ever, after losing Diane, the most important thing to Sam was ensuring his home and his children were protected. Following his wife’s death, Sam hoped to avoid probate at all costs.

When I met with Sam and heard his story, I advised him to set up a living trust. I was very happy to help Sam through this difficult time and help him ensure his home and his children were protected.