Editor’s note: This post was originally published Aug. 29, 2023, and has been updated for accuracy, comprehensiveness and freshness on July 30, 2024.
Estate planning is a crucial step in ensuring that your assets are managed and distributed according to your wishes after you pass away. Two primary tools in this process are Living Trusts and Wills. Understanding the differences between these documents can be confusing, yet knowing the ins and outs is essential for effective estate planning. We’re here to help clarify key differences so that you can decide which option suits your unique situation best.
Living Trust vs. Will, a Comparison
Trusts and Wills clearly spell out what is to pass to beneficiaries and responsibilities of legal guardians or executors of estates. But a Living Trust varies from a Will in a few important ways.
A Will is simple and straightforward. It provides instructions on how you wish to distribute assets to beneficiaries after your death.
LegalShield provider law firm Fiffik Law Group, PC, defines a Living Trust in this way: “Also known as a Living Trust, a revocable Trust can help assets pass outside of probate, yet allows you to retain control of the assets during your (the grantor’s) lifetime. It is flexible and can be dissolved at any time, should your circumstances or intentions change. A revocable Trust typically becomes irrevocable upon the death of the grantor.”
As the grantor or settlor of the Living Trust, you give a trustee the responsibility to hold and/or manage property on behalf of a beneficiary. You get to specify which assets your beneficiaries will receive, as well as when and how. Since a Trust sometimes avoids the probate process (depending on the situation), your heirs may be able to receive ownership of your property more quickly with a Living Trust than with a Will.
Since it is so important for a Living Trust to include accurate information, it is recommended to have a lawyer draft your Living Trust with you. This can cost a few thousand dollars, depending on the complexity of your estate and assets. A Will may cost less, but this will also depend on how lengthy and complicated it needs to be.
Is a Trust better than a Will?
Living Trusts come with some myths that we need to debunk. Contrary to popular belief, Living Trusts are not just for wealthy people or only for the benefit of your heirs. A Living Trust can play a crucial role in managing your assets. A Living Trust generally supersedes a Will, but a Will may (in some instances) override a specific type of Trust. However, Wills and Trusts generally work together to accomplish the same goal that you have in mind.
How does LegalShield help with Living Trusts?
Get the legal help you need! You don’t have to try to figure out estate planning all by yourself. When you become a LegalShield Member, your provider law firm can work with you to create the estate plan you need. Speak with your provider law firm to get consultation on an unlimited number of legal matters; help reviewing important legal paperwork; phone calls and letters made on your behalf; and a host of other essential legal benefits.
Take the next step!
- Find out how LegalShield can support you when setting up your estate plan.
- Continue to learn how a Trust works.
- See how easy it is to create a will.
Pre-Paid Legal Services, Inc. (“PPLSI”) provides access to legal services offered by a network of provider law firms to PPLSI members through membership-based participation. Neither PPLSI nor its officers, employees or sales associates directly or indirectly provide legal services, representation, or advice. The information made available in this blog is meant to provide general information and is not intended to provide legal advice, render an opinion, or provide a recommendation as to a specific matter. The blog post is not a substitute for competent legal counsel from a licensed professional lawyer in the state or province where your legal issues exist, and you should seek legal counsel for your specific legal matter. Information contained in the blog may be provided by authors who could be a third-party paid contributor. All information by authors is accepted in good faith, however, PPLSI makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of such information.
