When to Consider a Trust Instead of Just a Will

When most people think about estate planning, the first document that comes to mind is a will. A will is important—it allows you to name beneficiaries, appoint guardians for minor children, and outline how your assets should be distributed after you pass away.

But a will alone doesn’t cover every situation. In some cases, creating a trust may be a smarter, more effective way to protect your family and your assets. Trusts can add significant value in ways that a will simply cannot.

So how do you know when to consider a trust instead of just a will? Let’s break it down.

The Basics: Wills vs. Trusts

A Will: A will takes effect after your death and must go through probate—a court-supervised process that validates the will and oversees the distribution of your assets.

A Trust: A trust can take effect during your lifetime and allows your assets to pass directly to beneficiaries without going through probate. Trusts can also provide more control over how and when assets are distributed.

Both documents are valuable, but trusts often provide additional layers of protection and flexibility.

Scenarios Where a Trust May Be the Better Choice

1. Avoiding Probate

Probate can be lengthy, costly, and public. A trust allows your estate to bypass probate, so your loved ones receive assets more quickly and privately.

Why it matters: Families avoid court delays, save on fees, and keep personal details out of public records.

2. Blended Families

If you’ve remarried or have children from a prior relationship, a trust can help balance competing interests.

Example: You can provide for your current spouse during their lifetime while ensuring that children from your first marriage inherit assets later.

Why it matters: Trusts prevent unintentional disinheritance and reduce conflict among family members.

3. Minor Children

A will can name a guardian, but it doesn’t control how assets are managed for children. If minors inherit directly, the court often appoints someone to manage the money until they turn 18—which may not align with your wishes.

A trust lets you decide who manages the funds and at what ages children can access them (for example, staggered distributions at ages 21, 25, and 30).

Why it matters: Trusts provide financial protection and oversight until children are mature enough to handle inheritances.

4. Loved Ones With Special Needs

Leaving assets outright to a person with special needs may disrupt their eligibility for important government benefits. A special needs trust allows them to benefit from the inheritance while keeping benefits intact.

Why it matters: Ensures long-term care and stability for vulnerable family members.

5. Owning Property in Multiple States

If you own real estate in more than one state (such as a vacation home), each property may have to go through probate separately. A trust can consolidate ownership, avoiding multiple probate proceedings.

Why it matters: Saves significant time and expense for your heirs.

6. Desire for Privacy

Because wills go through probate, they become public record. Trusts, on the other hand, remain private.

Why it matters: If you prefer discretion about your finances or family arrangements, a trust offers more confidentiality.

Do You Still Need a Will If You Have a Trust?

Yes. Even if you have a trust, you still need a simple “pour-over will” to:

• Name guardians for minor children.

• Capture any assets that weren’t transferred into the trust during your lifetime.

• The best estate plans often include both a will and a trust, working together for comprehensive protection.

Why Professional Guidance Matters

Trusts are powerful tools, but they are not “one size fits all.” Setting one up incorrectly—or choosing the wrong type—can create more problems than it solves. An experienced estate planning attorney will help you:

• Decide whether a trust is right for your situation.

• Draft clear instructions tailored to your family’s needs.

• Ensure the trust complies with state laws.

• Coordinate your trust with your other estate planning documents. 

Take the Next Step

At Insightful Estate Planning, we guide families through the decision of whether a will, a trust, or a combination of both best fits their needs. Whether your goal is avoiding probate, protecting children, or ensuring fairness in a blended family, we’ll help you design a plan that gives you peace of mind.

Contact Insightful Estate Planning today to schedule a consultation and explore whether a trust could be the right solution for your family.

Call us at (206) 457-3265 or click the following link to schedule your Intro Call: https://calendly.com/service-insightfulestateplanning/introductory-call-clone-1