Does It Matter That Your Will is a Public Document?

One of the advantages of having your Minnesota assets distributed by a Revocable Living Trust, rather than through your Will, is that Revocable Living Trust documents can avoid public disclosure whereas Wills admitted into Probate Court become a public document. 

Particularly if there’s the potential for a family fight over assets, a Revocable Living Trust is best because the would-be adversary may be left in the dark as to whether you left enough assets to be worth a court fight.

If you are famous, the news media may be interested in the contents of your Will. For example, you can download copies of the Wills of singer Michael Jackson and wealthy hotelier Leona Helmsley from the Internet. You can read Helmsley’s Will to learn that she left her pet Maltese dog $12 million while cutting certain relatives out of her estate.

If you aren’t famous and don’t expect family fights over your estate, the public nature of your Will may or may not matter to you. After all, your Will doesn’t become public until you’re dead and your Will is admitted into Probate Court.

Note, however, that not all types of trusts are private.  Because a testamentary trust is a trust written as part of your Will document, it is not private. 

Depending on your privacy desires, you may prefer a Revocable Living Trust.

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Disclaimer: This Blog is for informational purposes only and is not to be construed as legal advice. If you have questions, please seek the advice of an attorney. An attorney-client relationship is not formed by reading this Blog. If you are interested in Wittenburg Law’s representation of you, you must contact Wittenburg Law for a determination of whether your matter is one for which Wittenburg Law is willing and able to accept representation of you.

Bonnie Wittenburg, Wittenburg Law Office, PLLC, 601 Carlson Parkway, Suite 1050, Minnetonka, MN 55305  952-649-9771  bonnie@bwittenburglaw.com www.bwittenburglaw.com