Most families approach estate planning with the best intentions but fall victim to myths that drain their inheritance and create unnecessary stress. Jacob Schmalzle has seen firsthand how misinformation leads to probate delays, inflated legal bills, and family discord during already difficult times. He founded Spirit of Service after experiencing the confusion of managing his father and grandmother’s estates within months of each other.
“After losing my father (Pastor Bob) and grandmother within a few months, I was forced to learn the entire estate planning, probate and trust process,” Schmalzle explains. “It was difficult to navigate without help, and especially while grieving. I have true personal compassion for all my clients and want to make sure no one has to endure the stress of probate during an already difficult time.”
Here are five myths that mislead families and what to do instead.
Myth 1: Your Adult Child Should Always Be Your Executor
Many parents name their oldest child or most responsible family member as executor without considering whether they have the skills, time, or emotional bandwidth to handle the role.
People believe this because it feels natural to keep estate matters within the family. They assume love and good intentions are enough to navigate complex legal and financial requirements.
The fact is that most children named as executors lack the expertise required and end up outsourcing to lawyers and banks anyway. These third parties have no incentive to work quickly or efficiently, leading to prolonged probate and higher costs.
Practical tip: Ask yourself whether your chosen executor has handled probate before. If not, consider naming a professional fiduciary who charges a flat state minimum fee instead of hourly rates. Your family can still be involved in decisions without carrying the burden alone.
Myth 2: Estate Executors All Charge the Same
Many people assume that all executors, whether lawyers, banks, or professional fiduciaries, charge similar fees. This misconception costs families thousands of dollars in unnecessary expenses.
This belief exists because estate planning is rarely discussed openly. Families accept whatever fee structure their attorney or bank presents without shopping around or asking questions.
The reality is that lawyers and banks often charge hourly rates on top of statutory fees, dragging out probate to maximize billing. Schmalzle notes that Spirit of Service charges only the state minimum of three percent and never adds hourly fees.
Practical tip: Before naming an executor, ask for a clear fee schedule in writing. Compare the state minimum percentage to what your lawyer or bank is proposing. If you see hourly billing in addition to percentage fees, keep looking.
Myth 3: Probate Always Takes Years
The widespread belief that probate drags on for years discourages families from proper planning and creates unnecessary anxiety about the process.
People believe this myth because they hear horror stories from friends or see it portrayed in movies. They assume delays are inevitable and built into the system.
While some probate cases do take time, delays are often caused by inefficient executors who lack motivation to close estates quickly. Professional fiduciaries with streamlined processes can complete probate in a fraction of the time.
“Spending less estate value on legal fees and instead, increasing value to families and community,” Schmalzle says of his mission.
Practical tip: Choose an executor who provides a timeline upfront and commits to regular updates. Ask for references from families whose estates they managed and inquire about average completion times.
Myth 4: Banks and Lawyers Are Your Only Professional Options
Most people assume that if they do not name a family member as executor, their only choices are large banks or law firms.
This belief persists because banks and law firms have dominated the estate services industry for decades. They have the marketing budgets and name recognition that independent fiduciaries often lack.
The truth is that professional fiduciaries exist who specialize in estate and trust management without the overhead and profit motives of big institutions. These professionals often bring greater personal attention and compassion to their work.
Practical tip: Research members of the Professional Fiduciary Council of Florida or the Professional of After Loss Services to find qualified fiduciaries in your area. Interview at least three options before making a decision.
Myth 5: Estate Planning Is Only About Legal Documents
Families often think estate planning ends once the will and trust documents are signed, leaving critical gaps in their preparation.
This misconception exists because attorneys focus on drafting documents, giving families the impression that paperwork alone protects their legacy.
Proper estate planning includes choosing the right executor, understanding fee structures, communicating wishes clearly to family members, and ensuring executors have the skills to manage assets efficiently. Schmalzle emphasizes values like “integrity, trustworthiness, experience, and their compassionate, empathetic delivery.”
Practical tip: After your documents are signed, schedule a family meeting to discuss your wishes and introduce your chosen executor. Make sure beneficiaries know where to find important documents and whom to contact when the time comes.
If You Only Remember One Thing
The executor you choose matters more than the documents you sign. A skilled, compassionate professional who charges transparent fees can save your family thousands of dollars and months of stress. Do not assume your only options are family members, banks, or lawyers billing by the hour.
Take Action Today
Share this myth list with someone you know who is planning their estate or serving as an executor. Choose one practical tip from this article and apply it this week. Whether you research professional fiduciaries in your area, ask for a fee breakdown in writing, or schedule a family meeting about your estate, taking one small step now protects your family later.
About Jacob Schmalzle
Jacob Schmalzle is the founder of Spirit of Service in Winter Garden, Florida. He provides estate executor and trustee services grounded in compassion and stewardship. With over 20 years of entrepreneurial and business consulting experience, he founded Spirit of Service after personally navigating the probate process following the loss of his father and grandmother. Spirit of Service has donated over two million dollars to charity from client estates and contributes 10 percent of all fees to clients’ churches or favorite charities.
Media ContactCompany Name: Jacob SchmalzleContact Person: Jacob SchmalzleEmail: Send EmailCity: JacksonvilleState: FloridaCountry: United StatesWebsite: https://www.jacobschmalzleflorida.com/
