There’s a persistent myth out there, perpetuated by “experts” on the internet, radio, and TV, that everyone needs a revocable living trust (RLT). It’s a myth that frustrates me to no end, particularly when I’m approached by potential or former clients who have already made up their mind that they must have one!

The Problem with “Experts” and Generic Advice

These so-called experts hawking RLTs often operate outside the state of Washington, or worse, they’re within the state but trying to sell expensive legal products to clients who don’t need them. Why? Because these products are lucrative for the attorneys or companies selling them.

Sure, revocable living trusts can make sense for some people. For example, families in California may need a RLT where the probate system is often expensive and difficult. But let me be clear: the number of people in Washington who truly benefit from a RLT is a very small minority. In most cases, these trusts are overkill. You don’t need to spend thousands of dollars on a legal tool that might end up creating more problems than it solves.

The Court Agrees: Misleading Clients is Wrong

This isn’t just my professional opinion. In CLA Estate Services, Inc. v. State of Washington, the Washington Attorney General went after a company that was systematically misleading seniors into believing that RLTs were a superior estate planning method in Washington and was using insurance agents to pitch high-commission annuities as part of the estate plan. The court ruled this was deceptive, noting that the company “misrepresents Washington law, the Washington probate process, and the relative benefits of revocable living trusts in Washington.” It ordered the company to pay $14.5 million in damages: AG Ferguson wins historic $14.5M after trial on “trust mill” scheme | Washington State.

This is a critical point: Washington’s probate process is not the same as that in other states. It’s relatively simple and inexpensive here. For most people, a well-drafted will, paired with thoughtful planning, is more than sufficient.

The Bigger Issue: Disregarding Experts

We’re in a strange time when experts are increasingly disregarded. People assume they can “do their own research” on everything, including estate planning, and suddenly they’re qualified to tell professionals—such as lawyers who practice estate law all day, every day—what’s best for them. It’s like me walking into a Boeing plant and telling an engineer how to build a plane. Couldn’t be that hard, right? They trust their own “research” or a radio personality or the TV pitchman more than their local attorney who’s practiced in this area for decades.

The Real Cost of Bad Advice

Yes, there are lawyers who will gladly take your money and sell you a RLT you don’t need. And yes, when Suze Orman or another celebrity “expert” says you need a RLT, it can feel like gospel. But here’s the truth: these decisions often result in clients spending two, three, or even ten times what they would have needed to spend for effective estate planning.

If you’re ready to pay that premium, fine. But understand that you’re not getting a better result just because you paid more. You’re getting a product that’s designed to enrich the seller, not necessarily to meet your actual needs. Most of the time, you are actually getting a far inferior product that will frustrate and confuse you later.

The Value of Tailored Advice

This is not to say all trusts are bad. Far from it! For the right person, in the right circumstances, a RLT may be an excellent tool. And other types of trusts—children’s trusts, tax shelter trusts, for example—are excellent and part of any estate planner’s tool kit. But deciding whether you need one should be based on your specific situation, not on advice from a radio pitchman.

As an attorney who has practiced for over 25 years, my goal has always been to provide practical, cost-effective solutions tailored to my client’s needs. I’ve written balanced, practical articles on the pros and cons of living trusts. But honestly, I’m done with that. I’m tired of battling misinformation and fighting to convince people that the advice of someone who works in this area every day might actually be worth listening to. If you want a revocable living trust, great! Just google “revocable living trust” and the name of your city, and you’ll find a reliable trust mill in your area.

Final Thoughts: Choose Carefully

If you want to follow bad advice, no one can stop you. But if you value expert guidance and a realistic understanding of your options, seek out an experienced local attorney based on referrals from reliable and smart friends and family. Don’t fall victim to generic advice designed to scare you into overspending. Estate planning isn’t one-size-fits-all, and it’s not a job for amateurs.