Last month I had an eye-opening conversation with a gentleman about estate planning. From the very beginning, he told me that one of the goals he wanted to achieve — in fact, it was at the top of his list — was to avoid probate. Above all else, he wanted his property to go directly to his children, completely unmolested by the court or any blood-sucking attorneys.

A worthy goal, I thought.

He told me that late last year he saw a TV show about estate planning, starring Suze Orman. After hearing Suze talk about the benefits of using a trust to avoid probate, he decided to take her advice. He consulted an attorney (not me), and spent several thousand dollars on an estate plan.

I always like to look at the documents that other attorneys have prepared, so I asked him if I could take a peek. He agreed and, after searching through a large file cabinet, put the documents on the table in front of me.

I quickly skimmed through the papers then asked “Where’s the rest of it? Where’s your trust?”

“Right there in front of you,” he said.

“Where?”

“You’re holding it in your hand!”

“This is your last will and testament,” I said, “I’m looking for your trust.”

“That’s it,” he said. Then he took the will from my hand, flipped over a few pages, and pointed to one of the paragraphs. “Right there.”

He was showing me a section of his will that was titled “Testamentary Trust.” I then explained to him that, yes, this section of his will would create a trust, but not until after his death and after his will had been probated. The very thing he wanted to avoid and was sure he had accomplished!

And he’s not alone. I’ve had clients tell me that they’re going to bypass the probate process altogether because they have a “bypass trust” in their will. A bypass trust is a device used to save or avoid estate taxes. It is not used to bypass probate.

Should you panic if you only have a will? Absolutely not. The gentleman’s will that I looked at was a solid, comprehensive document. But it did not move him any closer to achieving his goal. In fact, it all but guaranteed that his estate would go through probate.

Here’s the moral of my story: you should always consult with a lawyer that has experience in estate planning. Don’t begin by telling the lawyer “I want a will” unless you’re absolutely certain that’s your best option. Tell her about your family and what you want to accomplish. She’ll ask you all the right questions and make sure you end up with the very best plan for your unique situation.

If you really want to avoid probate — and all you have is a will — you might be in for a big surprise like the gentleman I talked to. But if you don’t own a great deal of property, or a wide variety of assets, you might still be able to avoid probate without using a trust. Talk with an attorney and ask them how.

Disclaimer: The information presented in this column may or may not match your individual situation. Be careful not to treat this column as specific legal advice, as it may not meet your individual needs. It may give you a solid basis for discussion with your own attorney. You should consult with your personal attorney before you take any action on this or any legal issue. Also, please be aware that laws change, so this column is valid only as of the date it was published. This communication does not create an attorney-client relationship between the author and the reader.