A Will Doesn't Avoid Probate: The Trust & POA Gaps Advisors Keep Missing (with guest Dan Baron)

Most advisors think "estate planning" is a checkbox: will done, beneficiaries named, move on. That's exactly why clients get crushed later—by probate, incapacity, outdated documents, and assets the advisor wasn't even looking at (real estate + businesses being the big two). In this episode, Adam Koós sits down with estate planning attorney Dan Baron (founding member of Baron Law LLC) to break down the real-world blind spots inside most client plans—and how advisors can use estate planning conversations to deepen relationships, reduce risk, and build stronger COI alliances. Episode Timestamps 00:00 – Intro + why this matters for advisors  02:15 – Dan's background: from business owner to estate planning attorney  06:20 – The most common planning gaps (and why "a will" isn't the fix)  11:40 – Incapacity planning: why POA is the document everyone ignores until it's too late  17:10 – Why advisors underestimate business owners + real estate in estate planning  22:00 – Advisor questions that uncover planning issues fast (without giving legal advice)  26:45 – Trust triggers: minor kids, real estate, businesses, divorce/creditor risk  33:10 – Co-trustees/co-executors: why it turns into a deadlock  36:20 – When a trust is NOT necessary (and what to do instead)  39:30 – Trust types in plain English: revocable vs. irrevocable (and when each matters)  46:10 – Charitable planning + donor-advised funds  49:20 – How advisors should build attorney relationships (and what NOT to do)  55:40 – Rapid fire: most overlooked document, biggest advisor misconception, daily ritual   Key Takeaways 💡 A will does NOT avoid probate. If a client thinks "I have a will, so we're good," they're likely wrong.  💡 POA must be done while the client is competent. Once incapacity hits, families often find out the hard way that it's too late.  💡 Trust "no-brainers" for advisors: minor children, real estate with multiple beneficiaries, business owners, and situations with creditor/divorce risk.  💡 Advisors need to look beyond AUM. Real estate, closely held businesses, and tangible property create the biggest messes—because they're outside the portfolio view.  💡 Review cadence matters: revisit the plan every 3–5 years (not always to change documents, but to catch family/life changes).  💡 Best COI strategy: stop chasing quid-pro-quo "referrals." Start building real collaboration through scenario conversations and client-first problem solving.   Key Quotes 🗣 "A will does not avoid probate." 🗣 "Stay in your lane… there's a lot of disconnect and misconceptions." 🗣 "37% of our calls are from a child saying mom or dad is incapacitated… and it's too late." 🗣 "Banks are changing their rules every single day… a one-size-fits-all POA doesn't work."   Connect With the Guest: ●     Website: https://www.baronlawcleveland.com ●     Baron Law LinkedIn: https://www.linkedin.com/company/baron-law/ ●     Dan Baron LinkedIn: https://www.linkedin.com/in/dan-baron-55abb326/   Follow Adrenaline Advisor: Facebook: https://facebook.com/adrenalineadvisorconsulting Instagram: https://www.instagram.com/adrenaline.advisor Threads: https://www.threads.com/@adrenaline.advisor LinkedIn: https://www.linkedin.com/company/adrenaline-advisor-consulting/ Tiktok: https://www.tiktok.com/@adrenalineadvisor email: [email protected] Website: www.adrenalineadvisor.com Connect with Adam Koós: LinkedIn: https://www.linkedin.com/in/adamkoosWebsite: https://www.adrenalineadvisor.com