A Trust May Serve You Better Than a Will Alone

Your Assessment Result

A Trust May Serve You Better Than a Will Alone

Your financial picture (established assets, property, and the complexity factors in your situation) suggests that a revocable living trust could give you benefits a will alone can't provide. That's not a judgment on your situation; it's a reflection of what the tools are designed to do.

Your Situation

A will and a trust both say who gets your assets. The difference is how.

A will goes through probate, a court-supervised process where a judge validates the will, creditors are notified, and assets are distributed under court oversight. Depending on your state, probate can take months to over a year, cost 2–7% of the estate's value in fees, and the entire proceeding becomes public record [1][2].

A revocable living trust bypasses probate entirely. You transfer assets into the trust during your lifetime, you maintain full control as the trustee, and when you pass, the successor trustee distributes everything according to your instructions. No court involvement, no public record, no delay [3].

This matters more as assets grow. The larger and more complex the estate, the more time and money probate consumes.

Disclaimer: This is educational information, not legal advice. Every situation is unique. Consult with a qualified estate planning attorney before making decisions.

Your Recommended Next Steps

Understand What a Revocable Living Trust Does

A revocable living trust is a legal container for your assets. You create it, put assets into it (called 'funding'), and maintain complete control during your lifetime. You can change it, revoke it, or add to it at any time. When you pass, your successor trustee distributes assets privately, without court involvement. Key point: a trust does not reduce your taxes. Its primary benefits are probate avoidance, privacy, and control [3].

You Still Need a Will

Even with a trust, you need a 'pour-over will.' This catches any assets that weren't titled in the trust's name at the time of your death and directs them into the trust [4]. It also handles guardian designation for minor children, which a trust cannot do.

Set Up a Durable Financial Power of Attorney

A trust only governs assets inside the trust. A durable power of attorney covers everything else: bank accounts not in the trust, tax filings, insurance, government benefits [5]. These two documents work together.

Create a Healthcare Advance Directive

This is independent of your trust and will. It covers medical decisions and names a healthcare agent [6]. Every estate plan needs one regardless of complexity.

Consult an Estate Planning Attorney

A trust needs to be properly drafted and funded, meaning your assets need to be retitled in the trust's name. This is where most DIY efforts go wrong: the trust is created but never funded, which means it doesn't actually avoid probate [3]. An attorney experienced in trust-based planning typically charges $1,500–$3,000+ for a complete trust package [7].

What a Trust Doesn't Do

A trust does not protect assets from creditors during your lifetime (a revocable trust's assets are still considered yours). It doesn't reduce income taxes or estate taxes for most people. And it doesn't eliminate the need for a will or power of attorney [3]. It's a powerful tool, but it's not a magic bullet.

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Sources

[1] "Probate" — Cornell Law Institute (LII) · law.cornell.edu/wex/probate

[2] "The Probate Process" — American Bar Association · americanbar.org/groups/real_property_trust_estate/resources/estate-planning/probate-process/

[3] "Revocable Trust" — Cornell Law Institute (LII) · law.cornell.edu/wex/revocable_trust

[4] "Pour-Over Will" — Cornell Law Institute (LII) · law.cornell.edu/wex/pour-over_will

[5] "Power of Attorney" — Cornell Law Institute (LII) · law.cornell.edu/wex/power_of_attorney

[6] "Advance Care Planning: Advance Directives for Health Care" — National Institute on Aging (NIH) · nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care

[7] "Estate Planning Info & FAQs" — American Bar Association · americanbar.org/groups/real_property_trust_estate/resources/estate-planning/

Last reviewed: February 2026

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