Avoid Probate. Protect Your Legacy!

December 19, 2025•4 min read

This conversation is an estate-planning primer framed specifically for entrepreneurs and real estate investors who don’t want to spend decades building wealth—only to lose it to avoidable taxes, probate delays, legal fees, and family conflict. R. Kenner French introduces attorney Robert J. Bluhm (Asset Defense Team) as a partner resource under the broader VAST umbrella, positioning estate planning as a core pillar of “asset protection” alongside lawsuit protection and tax reduction. The central theme is that estate planning is not a “later” problem—it’s a “now” decision that protects your family, your privacy, and your legacy.

Bluhm explains that estate planning mainly solves two problems: estate taxes and probate. While federal estate tax exemptions are high for many people, he emphasizes that exemptions can change with laws and time—and some states impose their own estate or inheritance taxes with much lower exemption amounts. Because no one knows what the exemption will be when they pass away, he encourages at least considering tax exposure, especially for higher-net-worth families and business owners. He also introduces the concept of using an irrevocable trust for estate-tax reduction by moving assets outside the taxable estate—though he notes that probate avoidance is the bigger, more universal issue for most families.

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A major portion focuses on probate, which he defines as a court-supervised process that inventories assets, notifies creditors, collects money owed to the estate, pays debts, and only then distributes what’s left—often slowly and publicly. They highlight why probate is a nightmare for entrepreneurs: it can be expensive, time-consuming, public, contestable, and even worse if you own property in multiple states. Bluhm shares real-world examples of probate harm—like an inheritor stuck for years because title couldn’t transfer, while the asset physically deteriorated—and Kenner adds an example of a large estate still tied up for years with much of the money going to attorneys instead of heirs.

The “solution” emphasized is the revocable living trust, which avoids probate, keeps things private, and allows faster and more controlled distribution. Bluhm stresses that “revocable” matters because you keep control and can amend or revoke it anytime while alive. They explain how trusts can include protective rules—like staged distributions by age, restrictions for heirs struggling with addiction, and creditor protection via spendthrift provisions—so inheritance doesn’t become a burden or a target. Kenner repeatedly underscores that this complexity isn’t DIY-friendly; Bluhm agrees, explaining that clients typically need multiple sessions to tailor decisions and language to real-life family situations.

They also make it clear that a trust is only one part of a complete estate plan. Bluhm lists key supporting documents: a pour-over will, a certification of trust , a living will/advanced directive , medical power of attorney and HIPAA waiver, provisions for business continuity if you’re incapacitated, instructions for digital assets, and written direction for sentimental personal property to prevent family fights. They discuss how estate planning is also about protecting you while alive—especially for incapacity scenarios—and they share how having everything organized brings peace of mind.

Finally, Bluhm outlines their service model and pricing: they send a questionnaire, draft an initial trust package, guide clients on what to review, and refine it over several calls . They say they can work with clients regardless of state , and recommend reviewing plans periodically—especially after major life events . The closing message is emotional and practical: estate planning is “planning that becomes protecting”—an act of love that reduces stress, creates clarity, avoids court battles, and ensures your family receives what you intended with minimal friction and maximum privacy.

Takeaways

• Estate planning is essential to protect your assets.

• Probate can be costly and time-consuming.

• A revocable living trust can help avoid probate.

• Designating a guardian for minor children is crucial.

• Estate planning provides peace of mind for families.

• You can control how and when your heirs receive assets.

• Regularly reviewing your estate plan is important.

• Digital assets need to be included in your estate plan.

• Planning is an expression of love for your family.

• Engaging with professionals can simplify the estate planning process.

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