When people begin thinking about estate planning, one of the first questions they ask is whether they need a will, a trust, or both. You may have heard advice from friends, social media, or online articles – and much of it is conflicting. That can make the decision feel overwhelming.
The truth is, the real question isn’t will versus trust. The real question is how to create a plan that actually works when your loved ones need it most. As an estate planning attorney, my role is to help you understand how these tools work in real life, not just on paper, so you can make informed choices that protect your family from unnecessary stress, cost, and conflict.
What a Will Does – and Its Limits
A will is often the first estate planning document people think of. A properly drafted will allows you to name who should receive your assets after your death and who you would want to raise your minor children.
However, a will has important limitations that many families don’t discover until it’s too late.
First, a will must go through probate. Probate is a court-supervised process that becomes public record. Even in states where probate is considered “simple,” it can still take months – or longer – cost thousands of dollars in legal fees, and create opportunities for family conflict. During probate, your loved ones may have limited access to assets when they need them most.
Second, a will only takes effect after death. If you become incapacitated due to illness or injury, a will does nothing to help your family manage your finances, make medical decisions, or care for you. Without additional planning, your loved ones may be forced to go to court to obtain legal authority, which is costly, time-consuming, and emotionally draining.
It’s also important to understand that powers of attorney, while helpful during your lifetime, end at death. That transition often catches families off guard, which is why education and coordination are critical parts of proper planning.
Because of these limitations, many families look to trusts for more comprehensive protection.
How a Trust Works
A trust is a legal structure that can hold your assets during your lifetime and distribute them according to your instructions after your death. When properly created and funded, a trust allows your loved ones to avoid probate entirely. This means more privacy, faster access to assets, and far less court involvement.
A trust also provides flexibility and control. You can decide how and when your loved ones receive their inheritance, protect assets from creditors, lawsuits, or divorce, and ensure money is managed responsibly for children or other vulnerable beneficiaries.
One common misconception is that simply signing a trust document is enough. Unfortunately, many plans fail because assets are never properly transferred into the trust. When that happens, families still end up in probate. That’s why ongoing guidance and regular reviews are essential – your plan must stay aligned with your assets and your life as it changes.
How to Decide What’s Right for You
Choosing between a will, a trust, or a combination of both isn’t about picking a document – it’s about identifying your goals. Here are a few key questions to consider:
Do you want to keep your family out of court and protect their privacy?
If avoiding probate and minimizing conflict matter to you, a trust may be the right solution.
Do you have minor children?
A will alone is not enough. You need clear guardianship instructions, backup caregivers, and a plan to ensure your children are never placed in temporary custody while the courts sort things out. A trust can also ensure assets are managed properly for their benefit.
Do you own a home or have multiple financial accounts?
Even families with modest estates can benefit from a trust. Each year, billions of dollars in assets go unclaimed because families don’t know what exists or how to access it. A coordinated plan helps prevent that.
Do you want someone you trust to step in immediately if you’re incapacitated?
A trust can allow your chosen person to act without court intervention, keeping your household running smoothly if something happens to you.
Do you want long-term protection for your loved ones?
If you have beneficiaries who are young, financially inexperienced, dealing with addiction, special needs, or complex family situations, a trust offers protections a will simply cannot.
A Plan That Actually Works
No matter which tools you choose, what matters most is that your plan works when your loved ones need it. That requires more than documents – it requires education, thoughtful design, proper funding, and regular reviews.
In my practice, we begin with a Life & Legacy Planning Session. This process ensures your plan reflects your wishes, protects the people you love, and stays up to date as your life changes. Just as important, it ensures your family knows exactly what to do and who to turn to when you’re no longer able to guide them.
If you’re wondering whether your current plan – or lack of one – would truly protect your family, now is the time to find out. The cost of planning is almost always far less than the emotional and financial cost of leaving your loved ones unprepared.
At Cheever Law, APC, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Life & Legacy Planning Session. The Life & Legacy Planning Session will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a 15-minute introductory call today.