Will vs. Trust. Which One Is Right For Me?

Estate planning is an essential process that ensures your assets and property are distributed according to your wishes after your death. There are different types of estate plans, and two of the most common ones are will-based and trust-based estate plans. In this blog post, we'll explain the most important differences between these two types of estate plans.

What is a Will-Based Estate Plan?

A will-based estate plan is a legal document that outlines how your assets will be distributed after your death. It allows you to name an executor who will manage your estate and distribute your assets to your beneficiaries. You can also use a will to name guardians for your minor children, and specify any other important wishes you may have.

One of the main advantages of a will-based estate plan is that it is relatively simple and inexpensive to create. You can create a will with the help of an attorney, or you can use online tools to create your own. However, there are some downsides to a will-based estate plan as well. For example, a will-based plan must go through the probate process, which can be time-consuming and expensive. It also becomes a public record once it is filed with the court, which means anyone can access the details of your estate plan.

What is a Trust-Based Estate Plan?

A trust-based estate plan, on the other hand, is a legal arrangement where you transfer your assets to a trust during your lifetime. The trust becomes the legal owner of your assets, and you can specify how your assets will be managed and distributed after your death. You can also name a trustee who will manage the trust according to your wishes.

One of the main advantages of a trust-based estate plan is that it can help you avoid probate. Because the assets are owned by the trust, they do not have to go through the probate process, which can save time and money. Additionally, a trust-based plan is private, which means that the details of your estate plan are not made public.

Another advantage of a trust-based estate plan is that it can provide more flexibility and control over how your assets are distributed. For example, you can specify that your assets be distributed over time, or that they be used to fund specific goals or objectives.

Which One is Right for You?

Deciding whether a will-based or trust-based estate plan is right for you depends on your individual circumstances. If you have a relatively simple estate and do not have a lot of assets, a will-based plan may be sufficient. However, if you have significant assets, complex family dynamics, or specific wishes regarding how your assets are distributed, a trust-based plan may be a better option.

In conclusion, both will-based and trust-based estate plans have their advantages and disadvantages. It's important to consult with an experienced estate planning attorney to determine which type of plan is right for you based on your individual circumstances.