Will or Trust?

It’s an important question: What do I need, a Will or a Trust?

First, it’s important to note that every estate plan should have a Last Will and Testament. The Last Will and Testament is the foundation of your Estate Plan. It encompasses many issues, including childcare and guardianship. Be clear – a Trust is not, and cannot function as a Last Will and Testament.

Asset Distribution

Separate from your Last Will and Testament, your assets need to be distributed. This is when you have to think about whether to distribute your assets through a Trust or just use your Last Will and Testament.

A few things to consider about Trusts:

• Trusts are usually more costly and can get complicated and time-consuming
• Trusts do not go through the lengthy Probate process, which can involve a court taking time to examine an estate and keep assets away from heirs for months or even years
• Trusts are somewhat difficult to amend
• Trust require a notary’s stamp of approval

A few things to consider about Wills:

• Wills are relatively simple to create
• Wills are easier to amend than Trusts
• Wills go through a lengthy Probate process, which can go on for months or even years
• Wills don’t require a notary, but typically need to have two witnesses when signed

You don’t have to make these types of decisions on your own. Talk to an estate-planning attorney and go over your options. Get some advice on your particular needs, and ensure that you make decisions that are right for you, and easier for your loved ones.

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