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Avoid Probate and Ensure Privacy from the Government, Creditors, and Family

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Last Updated: Aug 24, 2026

Read Time: 3 mins

To avoid probate, they didn’t use a revocable living trust or any other trust planning—they just relied on a will. If they had used some type of trust planning, they could have completely avoided that.

One of the things I love most about trust planning is the aspect of privacy. However, it’s important to keep in mind that all states have different laws around trust privacy, and not all states are created equal. Some provide excellent privacy, while others offer little to no protection for the family or their assets, leaving family dynamics and details potentially exposed to the public.

Let’s start with the simplest aspect of trust planning and its benefit of privacy: a revocable living trust, or even an irrevocable trust, allows you to avoid probate. Probate is the legal process your assets go through once you pass away, where you have to submit inventories, and if you have a will, you submit the will. Even if you don’t have a will, you still have to submit information about the deceased person, their family, and their assets, bringing those details into the public eye. Anyone can access that information.

Often, when we see details about a famous person who has passed away—like their net worth or who they left everything to—it’s because they didn’t plan to avoid probate. They didn’t use a revocable living trust or other trust planning; they just used a will. If they had used some form of trust planning, they could have avoided that exposure entirely.

Another important aspect is that in most states, there are laws requiring the beneficiary of a trust to be notified about the trust and their benefits once they reach a certain age—sometimes 18, 21, or 25, depending on the state’s regulations. However, some states, like South Dakota, have what are known as “quiet trust” laws. These laws allow the person setting up the trust to completely withhold details about the trust from the beneficiary, which can be particularly important depending on the family dynamic and the nature of the children involved.

Lastly, another critical component of trust planning related to privacy is what happens if there’s a lawsuit involving the trust. Whether it’s a dispute within the family or a lawsuit by a third party, some states like South Dakota, Nevada, and Delaware have limitations on the information regarding the trust that can be made public. In South Dakota, for example, there’s a complete seal on trust-related judicial proceedings, meaning no details of the trust will be exposed to the public.

There are many things to consider regarding privacy, and not all states offer the same protections. Whether you have a modest estate or a significant one, privacy could be one of your best allies and should be a key consideration in your trust planning.

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I had an excellent experience working with Stuart Green on my trust and will documents. From start to finish, he was incredibly responsive, patient, and thorough. He took the time to explain everything clearly, ensuring I fully understood each step of the process. Even after the trust was complete, he guided me on what still needed to be done — something I really appreciated. Stuart’s professionalism and kind demeanor made what could have been an overwhelming experience so much easier. I felt informed and supported every step of the way. I would highly recommend him to anyone looking for a knowledgeable and attentive probate lawyer. Thank you, Stuart!
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Stuart Green is an exceptional estate attorney. He handled my father's living will and then his estate after his passing, as well as helping my mother finalize and complete her estate in conjunction with my father's death. Currently, he is handling the living will and estate planning for me and my wife and our family. I highly recommend him and his integrity of work.
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I have worked with Mr. Green for awhile now and can't recommend him highly enough. He is professional and and timely with his responses to my questions. I really appreciate how he helps me understand the plan for my estate. I look forward to continuing to work with him.
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I’ve learned a great deal from Stuart on the foundational aspects of estate planning, legacy planning and asset protection. Having had the privilege to work alongside Stuart, I can also say that he is a top tier counselor and focused on aligning his client’s personal goals with their long term objectives and wishes.
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Incredible person to know and be associated with. Stuart provides excellent services, that is undeniable. However you will be hard pressed to find another attorney with a truer moral compass.
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