{"id":241,"date":"2023-07-20T14:29:42","date_gmt":"2023-07-20T18:29:42","guid":{"rendered":"https:\/\/rantalalaw.com\/blog\/?p=241"},"modified":"2023-07-20T14:32:14","modified_gmt":"2023-07-20T18:32:14","slug":"should-you-have-a-will-or-a-trust","status":"publish","type":"post","link":"https:\/\/rantalalaw.com\/blog\/2023\/07\/20\/should-you-have-a-will-or-a-trust\/","title":{"rendered":"Should You Have a Will or a Trust?"},"content":{"rendered":"\n
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When talking about estate planning, a will is what most people think of first.  After all, wills have been the most popular method for passing on assets to heirs for hundreds of years.  But a will isn\u2019t your only option.  Actually, if you rely on a will alone to pass on what matters, you\u2019re practically guaranteeing that your family has to go through court proceedings (probate) when you die.<\/p>\n\n\n\n

On the other hand, estate planning documents, such as trusts, which used to be available only to the uber wealthy, are now being used by those of all income and asset levels to keep their loved ones out of the court process.<\/p>\n\n\n\n

But determining whether a will or a trust is best for you depends entirely on your personal circumstances.  Estate planning has changed so much over the years, so choosing the right tool for the job becomes even more complicated.

The best way for you to determine the truly right solution for your family is to meet with us for a consultation.  During that process, we\u2019ll take you through an analysis of your personal assets, what\u2019s most important to you, and what will happen for your loved ones when you become incapacitated or die.  From there, you can make the right choice for the people you love.<\/p>\n\n\n\n

In the meantime, here are some key differences between wills and trusts that you should know.<\/p>\n\n\n\n

When they take effect<\/strong>
A will only becomes effective when you die, while a trust is effective as soon as it\u2019s signed and your assets are transferred into the name of the trust. To this end, a will directs who will receive your property at your death, but a trust specifies how your property will be distributed before your death, at your death, or at a specific time after death.  This is what keeps your family out of court in the event of your incapacity or death.

Because a will only goes into effect when you die, it offers no protection if you become incapacitated and are no longer able to make decisions about your financial and healthcare needs.  If you do become incapacitated, your family will have to petition the court to appoint a guardian to handle your affairs, which can be costly, time consuming, and stressful.

With a trust, however, you can include provisions that appoint someone of your choosing\u2014not the court\u2019s\u2014to handle your medical and financial decisions if you\u2019re unable to.  This keeps your family out of court, which can be particularly important during emergencies when decisions need to be made quickly.<\/p>\n\n\n\n

The property they cover<\/strong><\/p>\n\n\n\n

A will covers any property solely owned in your name.  A will does not cover property co-owned by you with others listed as joint tenants, nor does your will cover assets that pass directly to a beneficiary by contract, such as life insurance or \u201cpayable upon death\u201d financial accounts.

Trusts, on the other hand, cover property that has been transferred, or \u201cfunded,\u201d to the trust or where the trust is the named beneficiary of an account or policy.  That said, if an asset hasn\u2019t been properly funded to the trust, it won\u2019t be covered, so it\u2019s critical to work with us as your legal counsel to ensure the trust is properly funded.<\/p>\n\n\n\n

Unfortunately, many lawyers and law firms set up trusts, but don\u2019t then make sure your assets are properly re-titled or beneficiary properly designated, and the trust doesn\u2019t work when your family needs it.  We have systems in place to ensure that transferring assets to your trust and making sure they are properly owned at the time of your incapacity or death happens with ease and convenience.

How they\u2019re administered<\/strong><\/p>\n\n\n\n

In order for assets in a will to be transferred to a beneficiary, the will must pass through the court process called probate. The court oversees the will\u2019s administration in probate, ensuring your property is distributed according to your wishes, and provides automatic supervision to handle any disputes.<\/p>\n\n\n\n


Because probate is a public proceeding, your will becomes part of the public record upon your death, allowing everyone to see the contents of your estate, who your beneficiaries are, and what they\u2019ll receive.<\/p>\n\n\n\n

Unlike wills, trusts don\u2019t require your family to go through probate, which can save both time and money.  And since the trust doesn\u2019t pass through court, all of its contents remain private.

How much they cost<\/strong><\/p>\n\n\n\n

Wills and trusts do differ in cost\u2014not only when they\u2019re created, but also when they\u2019re used. The average will-based plan can run between $1,000-$2000, depending on the options selected.   An average trust-based plan can be set up for $4,000-$6,000, again depending on the options chosen or if more than one trust is advisable.  So at least on the front end, wills are far less expensive than trusts.<\/p>\n\n\n\n

However, wills must go through probate, where attorney fees and court costs can be quite hefty, especially if the will is contested. Given this, the total cost of executing the will through probate can run as high as $8,000-$10,000 or more.<\/p>\n\n\n\n

Even though a trust may cost more upfront to create than a will, the total costs once probate is factored in can actually make a trust the less expensive option in the long run.<\/p>\n\n\n\n

During our consultation, we\u2019ll compare the costs of will-based planning and trust-based planning with you, so you know exactly what you want and why, as well as the total costs and benefits over the long-term.

As your legal counsel, we offer expert advice on wills, trusts, and numerous other estate planning methods.  We\u2019ll carefully analyze your assets\u2014both tangible and intangible\u2014to help you come up with an estate planning solution that offers maximum protection for your family\u2019s particular situation and budget.  Contact us today to get started.<\/p>\n\n\n\n

This article is a service of Marianne S. Rantala, Esq.  We don\u2019t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  <\/p>\n\n\n\n

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When talking about estate planning, a will is what most people think of first.  After all, wills have been the most popular method for passing on assets to heirs for hundreds of years.  But a will isn\u2019t your only option.  Actually, if you rely on a will alone to pass on what matters, you\u2019re practically […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1,10,9],"tags":[22,15,14],"_links":{"self":[{"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/posts\/241"}],"collection":[{"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/comments?post=241"}],"version-history":[{"count":2,"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/posts\/241\/revisions"}],"predecessor-version":[{"id":244,"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/posts\/241\/revisions\/244"}],"wp:attachment":[{"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/media?parent=241"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/categories?post=241"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rantalalaw.com\/blog\/wp-json\/wp\/v2\/tags?post=241"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}