🧨 The Will Trap: Why Probate Is Longer, Costlier, and More Public Than You’ve Been Told

How Three Common Myths Keep Families in Court, Costing Time, Money, and Privacy

👋 Hi, Sidhartha here.

I'm a philosopher, truth seeker, researcher, lawyer, and AI innovator.

Over the last 25 years, I’ve made my share of bad decisions — across business, investments, tax, estate planning, nonprofits, real estate — you name it.

I’ve lived through:

• Bankruptcies

• Pierced entities

• Seized and liquidated assets

• The auction of my grandfather’s estate

• Family drama that tore relationships apart

• Clients who went from glowing testimonials to landing on IRS, FBI, DOJ, and FTC watchlists

I’ve studied law in three countries, worked with over 10,000 people, and helped restructure over $5 billion in assets.

And now, with AI at our side, we can scale this impact 100,000x — because the scammers are getting smarter, and the public is being misled faster.

🎯 My mission is simple:

To debunk the myths — using facts, legal codes, and real cases — so you can make informed decisions that protect your family, your business, and your legacy.

Today’s article is about a set of related myths that most people believe — and most marketers sell:

⚠️ The Trio of Probate Myths:

❌ Myth 1: “A Will Avoids Probate”

❌ Myth 2: “Probate Is Quick and Cheap”

❌ Myth 3: “Probate Is Private”

🔍 Let’s examine each myth through the legal lens — and the BENT Law™ Framework.

❌ MYTH 1: “A Will Avoids Probate”

💬 The Belief

“If I have a will, my family won’t need to go to court.”

📜 The Reality

A will must be filed in court to be validated. That’s what probate is.

⚖️ The Rules:

• IRC §2033: All assets controlled at death — including those under a will — are part of the taxable estate.

• UPC §3-102: Probate is required for will-based estates.

• CA Probate Code §10810: Fees are set by law, based on gross estate value.

📚 Case: Aretha Franklin

Despite handwritten wills, her estate was probated. Years of litigation followed.

🔎 BENT Law™

• B: Business interests frozen until court approval

• E: Estate subject to public, lengthy process

• N: No nonprofit planning tools in a will

• T: Full estate exposed to tax without structuring

🧠 BENT Risk Lens

• Behavior: Believed simple = safe

• Entity: Owned assets personally

• Numbers: Probate costs 4–8% of estate

• Timing: Delays of 12–36 months

❌ MYTH 2: “Probate Is Quick and Cheap”

💬 The Belief

“Probate just takes a few months and a few forms.”

📜 The Reality

Probate takes time. Even uncontested cases stretch 12–24 months. Fees are mandated by statute, regardless of complexity.

⚖️ The Rules:

• CA Probate Code §10810: 4% on first $100K, 3% on next $100K, etc.

• Most states calculate probate fees on gross estate value, not what’s left after debts.

📚 Case: Prince

Died without a trust. His estate spent 6+ years in court. Legal fees alone were in the tens of millions.

🔎 BENT Law™

• B: Business cash flow halts, vendors go unpaid

• E: Estate value drained before heirs see anything

• N: Charitable intentions delayed or denied

• T: Delayed filings increase tax penalties

🧠 BENT Risk Lens

• Behavior: Assumed probate was a formality

• Entity: Probate triggered by default

• Numbers: $50K+ loss is common

• Timing: Final distribution delayed for years

❌ MYTH 3: “Probate Is Private”

💬 The Belief

“My estate is a family matter — it’s handled quietly.”

📜 The Reality

Probate is a public court process. Anyone can look up your will, debts, asset list, and heirs.

⚖️ The Rules:

• Most state courts (e.g., Texas, Florida) publish probate filings online

• Heirs, values, bequests, and disputes are public information

📚 Case: Frank Sinatra’s family

Despite his planning, legal documents related to the estate still became media stories due to public filings.

🔎 BENT Law™

• B: Business valuations made public

• E: Heirs exposed to scams and lawsuits

• N: No anonymous gifts possible

• T: IRS and creditors can use public filings to challenge values

🧠 BENT Risk Lens

• Behavior: Mistaken belief in privacy

• Entity: No shield; all assets tied to name

• Numbers: Exposure to identity theft, scams

• Timing: Public access lasts for decades

🧠 Why These Myths Are So Dangerous

When these three beliefs are combined, they form the “Will Trap” — a false sense of security that leads families straight into:

• Court battles

• Unnecessary fees

• Delayed inheritances

• Public drama

• Tax consequences

And none of it is accidental. The system was built this way — but you can plan around it, if you know what to look for.

📌 Additional Reference Material

• IRC §2033 – Gross Estate Inclusion

• Uniform Probate Code (UPC)

• CA Probate Code §10810

• Texas Estates Code §256.001

• Real-world cases: Estate of Prince, Aretha Franklin, Sinatra Family, In re Estate of Lawrence

✅ Your Next Step: Know What’s Really at Stake

Most estate plans are sold as “simple.” But the IRS and the courts don’t care about marketing. They look at control, title, structure, and compliance.

That’s why we built this:

🎯 Comprehensive Estate & Tax Assessment – $1,000

Includes:

• ✅ Full review of your will, trust (if any), titles, and structure

• ✅ Probate, tax, and litigation risk map — backed by real codes and cases

• ✅ AI-generated summary + fix-it checklist

• ✅ Option to work with us — or get referred to a vetted, licensed expert

If your plan is solid, we’ll tell you. If it’s full of holes, you’ll know exactly where and how to fix it.

👉 Coming soon: Purchase page for your personalized $1,000 Estate & Tax Risk Assessment