Is it Better to Have a Will or a Trust?

Is it Better to Have a Will or a Trust?


If a living trust is better for you than a will relies on if the extra choices it provides are worth the expense.

You’ve persistently worked hard for your money and have made every undertaking to be a diligent saver. So it’s just natural that you wish for some control over what happens to your assets following your passing. Even when you are an individual of moderate means, you have an estate. With that is mind, you need to have an estate plan, a plan of action to guarantee your assets are allocated in accordance to your wishes, and in a reasonable time.

The right plan of action is subject to your individual circumstances. For many, living trusts can be a convenient and beneficial tool. For others, it could be a big a waste of money and time.

What Is a Will?

A will is written documentation indicating how you want your property to be allocated when you pass away. It can be revoked and subject to modification at any time throughout your lifetime. It also enables you to name a guardian for any minor children.

What Is a Living Trust?

Living trusts offers lifetime and post-death property administration. When you are talking over duties as your own trustee, a trust instrument is going to provide for a successor following your passing or incapacitation. Court involvement is not needed.

A living trust is also used to oversee property. When an individual is disabled on accident or ailment, the successor trustee is able to oversee the trust property. Therefore, the cost, exposure, and annoyance of court-supervised allocation of your estate can be bypassed.

When a living trust is correctly composed and funded you are able to:

  • Bypass probate on your assets
  • Plan for the potential of your own incapacitation
  • Management of what happens to your property following your passing
  • Utilize it for any sized estate; and
  • Prevention your financial matters from becoming public record
  • Whereas a trust sounds enticing, there are disadvantages.

A living trust is more costly to create than a typical will since it is required to be actively managed following its creation. Above all, nevertheless, a living trust is pointless without it being funded.

A living trust is only able to manage the assets that have been placed inside it. The funding procedure is required but may be monotonous. When your assets haven’t been transferred or if you pass away not funding the trust, the trust is going to be of no worth as your estate is still going to be subject to probate and there could be considerable state estate tax matters.

Will vs. Living Trust Factors

There are a lot of positive reasons for establishing a trust but do not disregard the fact that it is going to involve more upfront effort and cost. To ascertain if you need to make the extra effort and invest in the cost of a trust, answer the following questions:

Is Unofficial Probate an Available Choice?

A lot of states have an accelerated or streamlined form of probate for estates that fall under a certain dollar ceiling (that dollar worth differs by state). If your estate can pass under an accelerated form of probate, or when you reside in a state in which probate is not a difficult or demanding process, a will may be suitable.

Are You Going to Actively Oversee Your Estate Plan?

Otherwise, a living trust might not be an appropriate answer. Once more, a trust is going to only be useful when assets are transferred into it.

So which one is ideal for you? In a number of ways, a living trust and a will achieve likewise goals. A trust, nevertheless, enables you to realize other goas that a will cannot. But those benefits don’t come without paying a price. Whether or not a living trust is more ideal for you than a will is subject on whether the added benefits are worth the expense. When deciding, don’t forget that one size does not always fit all. What is right for someone might not be appropriate for everyone. Your estate plan needs be created in a way that best satisfies the requirements of you and your family.

Need an Affordable Living Trust Lawyer in Scottsdale?

Moshier Law should be your choice when you need the best trust lawyer or the best will lawyer in Scottsdale. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind. Call us today! 480-999-0800 Schedule A Consultation

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Jennifer Moshier, Scottsdale Divorce Lawyer


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