What A Trust Can Do That A Will Can’t

When we’re thinking about planning for the future, we often hear about wills. Our Brandon, FL trust lawyer can tell you that a will is a common and important tool for stating who should receive our property after we pass away. But a trust can do a lot that a will can’t, and for many families, it offers greater control and protection. Both a will and a trust allow us to decide what happens to our assets. The difference is that a trust can take effect while we’re still alive and offer benefits that go beyond what a will can provide. Attorney Matthew Morton has been helping different families with their estate planning needs since 2000, so call our office.

Avoiding Probate

One of the main reasons we choose a trust over a will is to avoid probate. Probate is the court process used to carry out the instructions in a will. It can be time-consuming, public, and costly. A trust allows our assets to transfer directly to the people we’ve chosen without court involvement. That means faster results and fewer expenses for our loved ones.

When we place property into a trust during our lifetime, we still keep control of it. But when we pass away, the property in the trust goes directly to our beneficiaries according to our instructions—no probate required.

Managing Assets While We’re Alive

A trust also allows us to plan for situations that a will can’t address, like what happens if we become seriously ill or unable to manage our own affairs. If we have a revocable living trust, we can name someone we trust to step in and manage our property for us without needing a court order. That gives us peace of mind knowing there’s a plan in place.

A will only takes effect after death. It doesn’t help with anything that happens during our lifetime, including long-term illness, disability, or incapacity. That’s a major reason many families choose to set up a trust.

Protecting Young Or Vulnerable Beneficiaries

If we want to leave money to children, someone with special needs, or a family member who struggles with finances, a trust gives us more options. We can include specific instructions about how and when the funds should be used. That might include holding money until a child turns a certain age or limiting spending to specific purposes like education or health care.

A will can name a guardian and give property to minors, but it doesn’t offer the same long-term structure. With a trust, we can help protect our loved ones and reduce the chances of misuse or mismanagement.

Providing Privacy

Wills become part of the public record during probate, which means anyone can see what assets we left and who received them. Trusts are private. The details stay between us, our chosen trustee, and the people we name as beneficiaries. If privacy is something that matters to us, this is another strong reason to use a trust.

At Morton Law Firm, we help families decide which tools make the most sense for their goals. If you’re trying to decide between a will and a trust, or thinking about updating your current plan, we’re here to walk you through your options. Our firm has 25 years of estate planning experience, so you know that you are in the right hands. Contact us today to schedule a consultation and learn how a trust might offer the control and protection you’re looking for.