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Do I Need a Will or a Trust?

Posted by Noah Sarkauskas | Jul 25, 2022 | 0 Comments

Making a will is an important part of estate planning, but it's not the only option. A trust can be a more flexible and effective way to manage your assets after you die. So which is right for you? Here's a look at the pros and cons of wills and trusts.

What Is the Difference Between a Will and a Trust?

A will and a trust are both legal documents that can be used to manage your property and assets after your death. However, there are some key differences between the two.

A will takes effect after you die, and it outlines how you would like your property to be divided among your heirs. Wills must go through the probate process upon your death to distribute your assets. Probate is the legal process of settling a deceased person's estate. The probate process can be complex and time-consuming, which is why many people choose to create a trust to avoid probate altogether.

A trust, on the other hand, is created while you are still alive. It can be used to manage your property during your lifetime, and it can also be used to specify how you would like your assets to be distributed after your death. Trusts can be revocable or irrevocable, depending on your wishes. Revocable trusts can be changed at any time, while irrevocable trusts cannot be modified once they have been created. Trusts, when properly setup and funded can avoid probate.

Ultimately, the decision of whether to create a will or a trust depends on your individual needs and preferences.

What Are the Benefits of Having a Will or Trust in Place?

When it comes to estate planning, one of the most important things you can do is to have a will or trust in place. This document can help to protect your assets and ensure that your loved ones are taken care of after you pass away. Here are just a few of the benefits of having a will or trust in place:

  1. Peace of mind: Knowing that your affairs are in order can provide peace of mind for both you and your loved ones.
  2. Clarity: This document can provide clarity about your wishes and help to avoid any confusion or disputes among your heirs.
  3. Flexibility: A will or trust can be updated as your needs change, allowing you to make changes as your life circumstances evolve.
  4. Protection: A trust can help to protect your assets from creditors, predators, and other individuals who may try to take advantage of you.

Having a will or trust in place is one of the best things you can do for yourself and your loved ones. These documents can provide peace of mind, protection, clarity, and flexibility, all of which are essential for ensuring that your affairs are in order.

How Do I Know if a Trust or a Will Is Right for Me and My Family?

There are a few key questions you can ask yourself to help determine if a trust or a will is right for you and your family.

First, consider the size and complexity of your estate. If you have a large estate or multiple assets, a trust may be a good option to help manage these assets. trusts can also be used to protect assets from creditors or divorce proceedings. The larger your estate, the more likely you would benefit from a trust over a will. However, a small estate does not mean a trust will not benefit you.

Another factor to consider is your beneficiaries. If you have young children, you may want to set up a trust to ensure that they are taken care of in the event of your death. A trust allows for more flexibility and control of your assets after you pass away. You may also want to consider a trust if you have disabled or special needs beneficiaries.

Next, you will want to consider if you want to avoid probate. With a will, the estate must go through the probate process. With a trust that is properly setup and funded, the assets may be able to skip the probate process, saving time and money.

Finally, think about your preferences for how your assets will be distributed after your death. A trust typically offers more flexibility in this regard than a will. Ultimately, the best way to determine which option is right for you is to speak with an experienced estate planning attorney who can help you assess your unique situation.

Can I Change My Mind After I've Created a Will or Trust Document?

It's not uncommon for people to change their mind after they've created a will or trust document. Perhaps you've had a change in your financial situation, or you've had a child and want to include them in your estate plan. Whatever the reason, it's important to know that you can make changes to your will or trust at any time.

The best way to do this is to work with an attorney who can help you draft a new document, an amendment, or "codicil." These documents will specify the changes you want to make, and it will need to be signed and executed in a similar way as your original will or trust. Once these are complete, you'll need to store it with your other estate planning documents. That way, if anything happens to you, your loved ones will be able to find it and ensure that your final wishes are carried out.

Contact an Estate Planning Attorney Today

So, do you need a will or trust? The answer is it depends. There are many factors to consider when making this decision. If you would like more information or want help deciding what's best for you and your loved ones, please contact us at Heritage Law Office at 414-253-8500 or send us a message. We would be happy to assist you.

About the Author

Noah Sarkauskas

Bringing technology, automation, machine learning, and a systematic approach to the legal world, Noah Sarkauskas is making the legal field significantly more efficient. Noah leverages technology to complete your legal work in a significantly quicker and more time-efficient matter while simultaneo...


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