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The differences between a will and a trust, and when to use each

Posted by Noah Sarkauskas | Jan 16, 2023 | 0 Comments

At Heritage Law Office, we understand the importance of understanding the differences between a will and a trust when it comes to estate planning. Both can be used to distribute assets and provide for loved ones, but they work in different ways and have different uses.

Understanding the basics: What is a will and what is a trust?

A will is a legal document that outlines how you want your assets to be distributed after your death, and who will take care of your minor children. It becomes effective only after your death, and the probate court must approve it. The probate process can be time-consuming and costly, and it is a public process, meaning that anyone can see the details of your estate.

A trust, on the other hand, is a legal entity that holds assets for the benefit of one or more beneficiaries. It can be established during your lifetime or at death, and it can be revocable or irrevocable. A trust can be used to manage assets, avoid probate, minimize taxes, provide for incapacitated individuals, or plan for children or beneficiaries with special needs. Trusts can also provide more privacy, as they are not subject to the same public scrutiny as probate proceedings.

Do I Need a Will or a Trust?

When it comes to choosing between a will and a trust, it's important to consider your specific needs and goals. A will is typically used for simple estates, small estates, and specific bequests. Trusts, on the other hand, are often used for estate tax planning, asset protection, avoiding probate, and special needs planning.

Just having a simple estate, small estate, or specific bequest does not mean you cannot benefit from a trust. Many people with simple or small estates can still benefit greatly from a trust.

It's important to note that a will and trust can work together and it's not an either-or decision. An estate plan can include both a will and trust, depending on your needs and goals. Consulting a lawyer who has experience in estate planning can provide guidance on the best ways to ensure that your assets are distributed according to your wishes and your estate is protected.

Contact Heritage Law Office Estate Planning Attorneys

At Heritage Law Office, our attorneys have years of experience in estate planning and are dedicated to providing personalized advice to help you create a comprehensive estate plan that meets your needs and protects your loved ones. We understand that every individual and family has unique needs, goals, and circumstances and we strive to provide customized solutions that fit those needs. Our attorneys will work closely with you to understand your specific situation and provide guidance on the best ways to ensure that your assets are distributed according to your wishes and your estate is protected.

Contact us today by calling 414-253-8500 or by sending us a message to schedule a consultation and take the first step in creating a plan that will give you and your loved ones peace of mind for the future.

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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