I have a will … do I also need a trust?
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Dear Savvy Senior,
My wife and I were recently talking about updating our will and wondered if we should also set up a trust. How do we know if we need one?
–Planning Ahead
Dear Planning,
That’s an excellent question. A will is one of the most important tools in estate planning, but many people wonder if it’s enough or if adding a trust makes sense. The answer depends on your finances, your family situation and what you want your plan to accomplish.
Here’s a simple way to think about it.
What a will does
A will spells out who gets your assets after you die. It also names an executor to carry out your wishes and can designate a guardian for minor children.
The downside is that a will must go through probate, which is the court process that validates it and oversees distribution. Probate can take months, and in many states it becomes part of the public record.
What a trust adds
A trust works a little differently. A revocable living trust holds your assets during your lifetime and directs how they’ll be distributed after your death, without going through probate. Unlike a will, it stays private and lets a successor trustee step in immediately if you can’t manage your finances, which is useful in cases of illness, injury or dementia.
Trusts can also help with complex family situations, like blended families or children with special needs, giving you more control over who gets what and when.
The biggest challenge is that you have to move your accounts and property into the trust yourself, which takes time and care. Most people who create a trust also keep a simple “pour-over will” to catch anything that wasn’t transferred.
Because trusts are more complex, they usually cost more than a will. Attorneys typically charge $1,000 to $3,000 for a trust versus $300 to $1,200 for a will, although costs vary depending on the estate and location.
You can use do-it-yourself options like Quicken Willmaker & Trust, Trust & Will or LegalZoom to save money, but they’re generally best for simple situations. If your finances or family circumstances are more complicated, hiring an attorney is usually worth the cost.
When a trust makes sense
You might benefit from a trust if you own real estate – especially in more than one state – want to avoid the costs and delays of probate, or prefer to keep your estate matters private. It’s also helpful if you have a larger estate, a blended family, or want to ensure someone can manage your finances if you become incapacitated.
When a will may be enough
If your estate is relatively small, your family situation is simple, and most of your assets already have named beneficiaries – like life insurance, IRAs or bank accounts with pay-on-death or transfer-on-death designations – a will may be all you need. Some states also offer simplified probate for small estates, which can make the process quicker and cheaper.
You don’t need a trust just because you have a will. But if avoiding probate, protecting privacy or managing assets during incapacity is important to you, a trust is worth considering. Even a modest estate can benefit from a clear plan.
Getting help
If you don’t already have an attorney, a good estate-planning professional can help figure out what’s right for you. Two trusted resources are the National Academy of Elder Law Attorneys and the National Association of Estate Planners and Councils, both of which let you search for local professionals.
Taking the time to put a plan in place — whether it’s a will, a trust or both — can protect your loved ones, ease stress and give you peace of mind now and in the future.
Send your questions or comments to questions@savvysenior.org, or to Savvy Senior, P.O. Box 5443, Norman, OK 73070.