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Trust vs. Wills

Thomas Manzi • Oct 11, 2023

Navigating Estate Planning Choices

Estate planning is a crucial aspect of ensuring that your assets are distributed according to your wishes after you're gone.
 
Among the many tools available for estate planning, two of the most commonly used are Trusts and Wills. While both serve the same fundamental purpose of facilitating the transfer of assets, they have distinct differences that make each suitable for specific circumstances.
 
In this blog, we'll explore these differences and when you might need one over the other.

 

Wills: The Basics


A Will, also known as a Last Will and Testament, is a legal document that outlines your wishes for the distribution of your assets that are owned by you at the time of your death. A Will allows you to nominate an executor, the individual who will oversee and facilitate the distribution of your estate. A Will also allows you to nominate a legal guardian for your minor children.


Upon your death, a Will must be filed in surrogate’s court and undergo a legal process known as probate. During the probate process, the court verifies the authenticity of your Will; determines whether your nominations for executor and legal guardian for minor children are acceptable; oversees the distribution of your assets; and provides a forum for your creditors, beneficiaries, and heirs to make claims against your estate. The probate process is a public proceeding which means the details of your estate are accessible to anyone.

 

Trusts: The Basics


           A trust is a legal entity that retains and manages assets on behalf of beneficiaries according to specific terms outlined in a trust agreement. Trusts provide many attractive benefits, especially the protection of assets from potential creditors and the flexible postmortem control of assets. Unlike a Will, assets held in trust are not subject to the abovementioned probate process. Finally, trusts are generally private documents, meaning the details of your assets and beneficiaries remain confidential.


Scenarios When a Will Is Suitable:


If your estate is relatively simple and there are no large assets, significant tax concerns, complex distribution requirements, or if there are large debts or liens which could be levied against your estate, then a Will may be beneficial to you. However, your perception of your estate may not be aligned with how the law will treat your estate. It is always wise to consult with an attorney with knowledge of both Wills and Trusts. Often times individuals who believe their estate plan is simple, find out that there are many factors that they did not previously consider.

 

Scenarios When a Trust Is Suitable:


First and foremost, it is important to note that not all trusts are created equal. If you are considering a trust, it is wise to consult with an attorney who is knowledgeable in this area. Trusts are often a great option for individuals with assets in more than one state as a trust can streamline the distribution process and eliminate the need for multiple probate proceedings. Trusts can also minimize estate taxes, provide confidentiality for those with privacy concerns, provide a long-term care plan, shield assets from creditors, and facilitate Medicaid eligibility.

 

Seek Professional Guidance


Choosing between a Will and a Trust depends on your individual circumstances and goals. It's essential to consult with an experienced estate planning attorney who can help you assess your needs and create a plan that aligns with your objectives. An attorney can guide you through the legal process, ensuring that your estate plan is comprehensive and legally sound.



In conclusion, both Wills and Trusts are valuable tools in estate planning, each with its own set of advantages and limitations.
 
By carefully considering your unique situation and consulting with a legal professional, you can create an estate plan that safeguards your assets and ensures your wishes are fulfilled. Click here to contact our firm today to start estate planning for the future. 

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