When someone close to me died without a will, I spent over a year cleaning up the aftermath.
Most people who read my original post about his death ask the same question: “What specifically would have made it different?”
This is the answer to that question. A practical, specific breakdown of the documents that — if they had existed — would have changed almost every part of my experience.
What I Was Missing (And What It Cost)
No Will → Probate
Without a will, my brother’s estate had to go through the court probate process. I could not act on his behalf without being formally appointed as administrator by a court. That process took months.
What would have helped: A will naming me as executor, combined with a revocable living trust.
No Revocable Living Trust → No Authority Over Assets
The most important document he didn’t have. A revocable living trust would have allowed his assets to pass directly to his beneficiaries without court involvement. I could have acted as successor trustee from day one.
What would have helped: A revocable living trust with me named as successor trustee.
No Real Estate in a Trust → Probate for the Condo
His condominium was titled in his individual name. That meant it had to go through probate before I could sell it or manage it. For months, I paid the HOA fees out of my own pocket while waiting for legal authority.
What would have helped: The condo titled in the name of his revocable living trust — not his individual name. This is one of the single most important moves anyone who owns real estate can make.
No Letter of Instruction → Detective Work
I had no idea where all his accounts were. I spent weeks checking his mail, tracing transactions in and out of his bank accounts, tracking down every financial institution.
What would have helped: A letter of instruction listing all accounts, institutions, approximate balances, and how to access them.
No Digital Asset List → Lost Access
Some accounts I could never fully access because I didn’t know they existed or had no way to get the credentials.
What would have helped: A digital asset list with account names, usernames, and instructions — stored securely and accessible to the executor.
The Contrast
My brother: No will, no trust, real estate in his individual name → Court process, months of waiting, HOA fees paid out of pocket, lawyers, accountants, over a year of my life.
A parent with a living trust, power of attorney, named successor trustee → I could step in immediately when she needed help. No court. No waiting.
One had the documents. One didn’t. The difference was everything.
What You Should Do This Week
Get a revocable living trust (or update your existing one)Make sure any real estate you own is titled in the name of the trust — not in your individual nameCreate a letter of instruction and a digital asset listMake sure someone knows where everything is
The Family Linchpin Checklist
Download The Family Linchpin Checklist — the exact document checklist I wish my brother had used.
Download The Family Linchpin Checklist Here
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The information in this post is for educational purposes only and does not constitute legal, tax, or financial advice. It is not a substitute for consultation with a qualified estate planning attorney, CPA, or financial advisor. Some links in this post may be affiliate links — see our full Affiliate Disclosure.
Get the Documents in Place
Don’t let your family go through what this family did: