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"Trusts vs. Wills: Which is Right for Your Estate Plan?"

Writer: Kara VerbyKara Verby

Here are some key benefits of having a trust:


Avoiding Probate: A major benefit of a trust is that it allows your assets to bypass probate, the court-supervised process that can take months or longer to complete. With a trust, your assets are distributed according to your wishes much faster, often without delays, enabling beneficiaries to access their inheritance more quickly.


Privacy: Unlike a will, which becomes public once filed with the court, a trust remains private. This ensures that your estate plan and asset distribution are not made public, which is crucial if you wish to maintain privacy or avoid family conflicts.


Flexibility in Administration: A trust provides more flexibility in asset distribution. You can establish specific conditions for when and how beneficiaries receive their inheritance, such as age requirements or performance-based triggers (like completing education, maintaining employment, etc.).


No Court Supervision: Since a trust avoids probate, it also avoids court supervision associated with a will. This results in less paperwork, fewer fees, and no court hearings, therefore saving time and money.


Here are some advantages of a will-based estate plan


Simplicity and Ease of CreationA will is generally simpler and less costly to create than a trust. Establishing a trust involves more paperwork and legal steps, including transferring assets into the trust, which can be more complex and expensive.


No Immediate Action Required: You don’t need to transfer ownership of your property into a will, unlike with a trust. Assets pass under the terms of your will without requiring prior action or additional management.


Lower Initial Cost: Creating a will is usually less expensive upfront compared to setting up a trust. Trusts often entail higher legal fees due to their complex setup, funding, and administration.


Probate Process Provides Oversight: Although probate can be lengthy, it offers judicial oversight, ensuring the estate is administered properly and in accordance with the law. This can prevent mistakes, fraud, or challenges to the will.


Protect your home and assets by placing them in a Trust as part of your estate plan.
Protect your home and assets by placing them in a Trust as part of your estate plan.

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