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    Trust vs Will

    When a will is enough. When you need a trust.

    Will (simple, $200-500)

    • Says who gets your stuff when you die.
    • Goes through PROBATE (public court process).
    • Probate takes 6-18 months and costs 3-7% of estate.
    • Only effective AFTER you die.
    • Best for: simple estates under ~$500k, no minor kids.

    Revocable Living Trust ($1,500-5,000)

    • You move your assets INTO the trust while alive.
    • You\'re still in control as "trustee".
    • Skips probate when you die — assets transfer privately to heirs in days, not months.
    • Manages your assets if you become incapacitated.
    • Best for: estates over $500k, real estate, blended families, privacy concerns.

    When you NEED a trust (not just want)

    • Real estate in multiple states (avoids multi-state probate).
    • Estate over your state\'s estate tax limit.
    • Special needs heir (special needs trust protects benefits).
    • Concerns about minor children inheriting.
    • Want strict control over WHEN heirs get money.
    • Privacy — trust contents stay private; wills become public.

    When a will is enough

    • Single state. Estate under your state\'s probate limit.
    • Simple family — straightforward heirs.
    • Most assets pass via beneficiary anyway (retirement accounts, life insurance, payable-on-death bank accounts).

    Many states have "small estate" or "summary probate" for under $50-150k — fast, cheap, no lawyer.

    Beneficiaries beat wills

    For 401(k), IRA, life insurance, and bank accounts with "payable on death" — the BENEFICIARY designation overrides your will. Update beneficiaries directly with each company. Free.

    Many seniors have outdated beneficiaries (ex-spouse, deceased relatives). Take 30 minutes to update. More important than re-doing the will.

    Hybrid — pour-over will + trust

    If you set up a trust, you also have a "pour-over will" that catches anything not formally moved into the trust. Common combo. Your attorney handles both.

    Get one or the other

    Without a will OR trust, the state decides who gets your stuff. Probate court fees + delays cost your family thousands. The cheapest will (LegalZoom $200) beats nothing. The right plan beats the cheapest. Talk to a fee-only attorney once. Done.

    Trust vs Will — Do You Need a Trust? | TekSure