Will vs. Trust: What’s the Difference—and Which One Is Better for Your Family?
📝 Will vs. Trust: What’s the Difference—and Which One Is Better for Your Family?
When it comes to estate planning, one of the most common questions clients ask is:
“Do I need a will, or should I get a trust?”
Both tools help you pass assets to loved ones, but how they do it—and what happens after you pass away—is very different.
Let’s break it down.
What Is a Will?
A will is a legal document that:
Names who will inherit your assets,
Appoints a guardian for your minor children, and
Selects someone to manage your estate (your personal representative or executor).
🛑 But here’s the catch:
A will must go through probate court in order to be enforced. That means:
Delays,
Court costs,
And public records.
In Michigan, probate can take months to over a year, even for simple estates.
What Is a Trust?
A revocable living trust is a private legal arrangement where:
You transfer ownership of your assets into the trust during your lifetime,
You control everything as the trustee while you’re alive, and
A successor trustee manages and distributes your assets after your death—without court involvement.
✅ No probate. No delays. No public record.
Why I Prefer Trusts Over Wills
As an estate planning attorney, I strongly recommend trusts for most families because they offer:
Privacy – Trusts are not filed in court, unlike wills.
Speed – Assets can be distributed immediately, without waiting months for court approval.
Control – You can set conditions (e.g., age-based distributions for young heirs).
Protection – Trusts can help shield assets from creditors or disputes.
A will is better than nothing, but a trust gives you peace of mind and more control.
Do You Still Need a Will If You Have a Trust?
Yes—usually a simple “pour-over will” is still needed. This catches any assets you forgot to place in your trust and directs them there after your death. But the trust does the real work.
Ready to Protect Your Family’s Future?
If you want to avoid probate, maintain privacy, and make things easier for your loved ones, a living trust may be the best solution.
👩⚖️ Let’s Talk About Your Options
At Upton Law, PLLC, we help families across Michigan create customized estate plans that work. Whether you need a will, a trust, or both, we’ll guide you through every step with clarity and compassion.
📞 Schedule your estate planning consultation today.
Meet the founderShakeena Melbourne
At the heart of Upton Law is Shakeena Melbourne, founder and Principal Attorney, a lawyer who is a fierce advocate for your peace of mind and happiness.
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