How We Saved the Kowalski Family $180K in Probate Fees
Posted November 2024 | 8 min read
The Situation
Michael and Susan Kowalski walked into our office in early 2023 with what they thought was a straightforward request - update their wills. They owned a successful manufacturing business in Mississauga, two rental properties, and had three adult kids. Seemed simple enough, right?
But here's where it got interesting. During our initial chat, Michael mentioned his daughter Sarah has Type 1 diabetes and some cognitive challenges. His son Tom was in a rocky marriage. And the business? They wanted it to continue, but none of the kids were interested in running it day-to-day.
I remember Susan saying, "We just don't want them fighting in court after we're gone." That's when I knew a basic will wasn't gonna cut it.
"I wish we'd done this ten years ago. The peace of mind is worth more than any dollar figure."
What We Actually Did
Living Trust for Primary Assets
Set up a revocable living trust to hold their primary residence and investment accounts. This alone bypassed probate on about $2.3M worth of assets. The probate fees in Ontario would've been around $36K just on these.
Special Needs Trust for Sarah
Created a standalone SNT for Sarah that wouldn't mess with her ODSP benefits. Her siblings will serve as co-trustees, which actually brought them closer together during the planning process. That was a nice unexpected benefit.
Business Succession Trust
Structured a family trust to hold the business with clear buy-sell provisions. When they eventually sell, the proceeds get distributed according to terms they set now - not during some emotional family meeting after a funeral.
Asset Protection Layer
Since Tom's marriage was shaky, we added protection so his inheritance wouldn't become marital property. This wasn't about being mean - Tom actually appreciated it. Turned out he and his wife worked things out, but the safety net's still there.
The Bottom Line
The whole setup took about three months from first meeting to signing everything. Yeah, the legal fees weren't cheap - ran them about $22K all-in. But Michael did the math and realized they'd save that amount multiple times over. Plus, and this is the part that really matters, their kids won't be fighting over anything.
Last time I saw Michael, he brought me a coffee (remembered I take it black - good guy). He said the family actually talks more openly about money now because everything's documented and clear. That's honestly the best outcome - not the tax savings, but the family harmony.
Key Takeaway
Every family's different, but the Kowalskis' situation shows why we don't just slap together generic documents. The initial consultation revealed complexities they didn't even know existed. That's kinda our job - seeing around corners you didn't know were there.