Most people think estate planning is only about who gets what. This episode asks a different question: who gets to know? Host Ben George and Brooklyn estate planning attorney Ted Alatsas explain why privacy matters, how probate can expose sensitive family and financial details, and which planning tools can help keep things confidential.
Key takeaways
- Probate is public. Asset information, names, and other details can become part of the public record.
- Trusts can help avoid probate. A properly funded revocable living trust can keep distributions and asset details private.
- Beneficiary designations may bypass probate. Certain accounts can transfer directly to beneficiaries without court involvement.
- Entity planning can add privacy. LLCs and certain advanced trust structures may help reduce public exposure when set up correctly.
Listen to the Episode
Why privacy matters in estate planning
Ted explains that many people don’t realize probate is a public legal proceeding. Once a probate petition is filed, the information becomes part of the public record—potentially including an asset breakdown, names, addresses, and other sensitive details.
That visibility can lead to unwanted attention, including:
- Solicitations from real estate brokers and “investors”
- Financial services marketing aimed at heirs
- Bad actors looking to take advantage of grieving families
- Family conflict, especially when relatives learn details you didn’t want broadly shared
- Creditor pressure, if someone sees an inheritance coming
Estate planning tools that help protect confidentiality
Revocable Living Trusts
A revocable living trust can help keep estate details private by avoiding probate. Ted notes that when a trust is properly created and funded (assets titled in the name of the trust during life), assets can pass to beneficiaries without the court process.
This can keep private:
- What assets are involved
- Who receives what (and when)
- Values and distribution terms
- Conditions around inheritances
Pour-over wills
A pour-over will is designed to move any assets not already in the trust into the trust at death, so they can be handled under the trust’s instructions.
Ted emphasizes that it works best when the trust is already established and funded—so the plan is cohesive and easier to administer.
Beneficiary designations
Ted also points to beneficiary designations as a way to transfer certain assets more privately. In the episode, he describes how some accounts can pass directly to the named beneficiary through the financial institution, typically using a death certificate and identification—without going through probate.
LLCs and business entities
For certain families, LLCs (limited liability companies) can be used to hold assets—often real estate or business interests. Ted explains that when assets are held inside an LLC and structured correctly, it can help maintain privacy about who ultimately benefits from those assets.
He also notes that there have been recent legal changes related to beneficial ownership disclosure to the U.S. Department of the Treasury, but that those records are generally not public to everyone.
Advanced options for high-net-worth families
Ted briefly mentions more complex structures sometimes used for multi-generational planning, such as:
- Private trust companies
- Family limited partnerships
- Other trust-based structures
The common theme: keeping planning and distribution details within private structures rather than exposing them through the probate process.
Best practices beyond documents
Beyond trusts and legal tools, Ted highlights two practical habits that improve outcomes:
- Communication and clarity: Make sure the right people know where documents are, how the plan works, and what to do when needed—so the transition is orderly.
- Work with the right professionals: Privacy-centered estate planning requires intentional design and careful execution, especially when combining trusts, designations, and entity planning.
Privacy-Focused Estate Planning Tools with Ted Alatsas - Full transcript
00:02 — Intro
Most people think estate planning is all about who gets what, but there’s another question worth asking: who gets to know? In this episode, we explore how to protect your family’s confidentiality with privacy-focused estate planning tools. If you’re concerned about unwanted attention, identity theft, or family conflict, this is a conversation you don’t want to miss.
00:26 — Show open
This is New York’s Asset Protection Round Table with Ted Alatsas of Alatsas Law Firm. Our mission at Alatsas Law Firm is to assist you with the three pillars of protection: preserving your assets, providing you help, and protecting your future.
00:45 — Welcome
Ben George: Welcome in. Glad to have you on another episode of New York’s Asset Protection Round Table, a Three Pillars of Protection program. I’m Ben George. He is Ted Alatsas, attorney at the Alatsas Law Firm in Brooklyn, New York. You can find him online at alatsaslawfirm.com.
00:59 — New year check-in
Ben George: We’re talking privacy today, Ted. But first, it’s a new year. I know things maybe didn’t start off the best for you, but I hope you’re doing well here in 2026.
Ted Alatsas: Yeah—taking it day by day and seeing where life takes us. Hopefully 2026 works out better than it started.
Ben George: We hope so. Wherever you’re listening from, we hope your year is off to a good start.
01:14 — Setting the topic
Ben George: Today we’ll talk about why privacy matters, tools that can help protect privacy, and best practices beyond the documents.
01:29 — Probate is public
Ben George: I don’t know that everybody knows probate is public, right?
Ted Alatsas: That’s right. Probate is like any legal proceeding—it’s a public proceeding. Once you file a petition, the information is a matter of public record. That can include a breakdown of assets, addresses, names—information that’s open to anyone who wants to look online or go to the court file.
02:02 — Why this surprises people
Ben George: I was surprised when I learned that. Many people don’t deal with this world until they have to.
02:20 — Unwanted attention and bad motives
Ben George: With probate being public, it can bring unwanted attention from people who may not have the best motives.
Ted Alatsas: Absolutely. There are people trying to sell you things—real estate brokers, financial advisors—but there are also people trying to take advantage. They see your “good fortune” and try to mooch off of it.
02:55 — Family conflict
Ben George: It can also cause issues within families.
Ted Alatsas: Yes. If you want to keep information private among your immediate family, probate makes it public. Cousins and others can find out, and that can be a source of conflict.
03:25 — Common situations
Ben George: What are common situations where public information becomes an issue?
Ted Alatsas: The most common: after filing a probate petition, within 24–48 hours we often receive solicitations from real estate brokers or “investors” looking to buy property cheap. Later there can be mass solicitations—financial planning services and more. You may also see creditor activity—people who are owed money may be emboldened when they see someone is inheriting.
05:00 — Tools to protect privacy
Ben George: Let’s talk tools that can protect privacy. Start with a revocable living trust—how does it help?
Ted Alatsas: A trust avoids probate. If you properly prepare a trust and fund it—meaning you title assets in the name of the trust while you’re alive—then when you pass, the assets transfer to beneficiaries without probate. The only people who need to know are those named in the trust. That keeps private the assets, who gets what, when, values, and terms.
06:08 — Pour-over will
Ben George: What about a pour-over will?
Ted Alatsas: A pour-over will says that upon death, anything not already transferred into the trust should go into the trust. In New York, it really only works well if the trust has already been funded—so it already exists and has assets. Then anything left out pours into the trust and is divided according to the trust terms.
06:55 — Beneficiary designations
Ben George: Beneficiary designations can help as well, right?
Ted Alatsas: Yes. They’re private to the person making the designation, the beneficiary, and the institution. If someone passes away, the beneficiary can go to the bank with a death certificate and identification, and the funds transfer without probate.
07:27 — LLCs and entities
Ben George: How do LLCs help with privacy?
Ted Alatsas: LLCs are legal entities used to hold assets—often businesses or real estate. The members own the LLC interests, and those interests represent the assets held inside. If structured properly, that can help maintain anonymity. There have been legal changes around beneficial ownership disclosure to the Department of the Treasury, but my understanding is that those records are not public to everyone—though they are available to the government.
08:32 — Advanced structures
Ben George: High net worth families may also consider private trust companies.
Ted Alatsas: That’s right—private trusts for generational wealth, family limited partnerships, and similar structures. Keeping things in trust formats can keep details private.
09:27 — Best practices
Ben George: Beyond documents, what best practices do you recommend?
Ted Alatsas: Communication—making sure the right people know what’s going on, where everything is, and how it’s structured, so the transition is smooth. And working with the right professionals—lawyers who understand how to structure an estate and maintain privacy while achieving your goals.
10:00 — Intentional planning
Ben George: A default plan may not be enough if privacy is a concern—it takes intentional thought.
Ted Alatsas: Exactly. Communication, clarity, and working with someone who knows how to help you achieve your goals are important.
10:35 — Closing
Ben George: You don’t have to be a celebrity or high net worth to value your privacy. Learn more at alatsaslawfirm.com. You can also call 718-233-2903. That’s it for another episode of New York’s Asset Protection Round Table. Have a good week. We’ll talk to you soon.
11:37 — Disclaimer
Information is for illustrative purposes only and does not constitute tax, investment, or legal advice. Always consult with a qualified investment, legal, or tax professional before taking any action.
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