Why Would Anyone Choose a Trust Over a Will?


One of the biggest differences between a trust and a will is probate. Done properly, a trust avoids a messy, expensive, and invasive probate process!

What You’ll Learn FROM THIS VIDEO

  • What is probate, and why should you potentially want to avoid it.
  • How a trust can help you maintain your privacy and save your family expenses.



If you are watching this video, you’re wondering why would anyone choose a trust over a will? I can understand these legal terms are so confusing. It’s one of the reasons people don’t even want to get started on a legal plan. So today, I’m going to explain one big reason why people prefer trusts over wills.

One of the biggest differences between a living trust and a will is called probate. You know the expression, “You can’t take it with you?” Well, when you pass away, you have assets in your name. How are they going to get into the name of the people you want them to go to?

Well, the court process for that is called probate. Probate is a hassle, it’s expensive, and it is public. So all your information is available to anybody. People don’t like probate. And people often think that if you have a will, you avoid probate; Not true!  Wills are designed for probate. Sometimes if you’re lucky and careful and have a good plan, you can avoid probate with the will. But often, there is probate with a will.

On the other hand, trusts when done properly, do avoid probate. Your loved ones don’t need to go through the expense and the hassle and your information is kept private. There’s many pros to a living trust, but avoiding probate is one of the main reasons that most of our clients choose to have trusts instead of wills.

If you want to learn more about the pros and cons of a trust versus a will, click here to download our free report.

Author Bio

Margaret Barrett is the Founder and Owner of Safe Harbor Estate Law, a Saint Paul, MN, estate planning law firm she founded in 2013. With almost 15 years of combined experience in litigation and Minnesota estate law, she is dedicated to representing clients in a wide range of estate law matters. Her practice areas include estate planning, asset protection, elder law, and more.

Margaret received her Juris Doctor from the William Mitchell College of Law and is a member of the Minnesota State Bar Association and the Ramsey County Bar Association.

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