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Trusts
Trusts are powerful estate planning tools that offer flexibility, privacy, and control beyond what a will alone can provide. They can be used to manage assets during your lifetime, distribute property after death, and protect beneficiaries in ways that fit your specific goals.
Many families use trusts to help avoid probate, maintain privacy, or provide structured distributions to children or other beneficiaries. Trusts can also be valuable for blended families, individuals with minor or special-needs beneficiaries, or those who want more control over how and when assets are distributed.
Contrary to common belief, trusts are not only for the ultra-wealthy. In many situations, a trust can simplify administration, reduce long-term costs, and offer greater clarity for loved ones.
Choosing the right type of trust — and ensuring it is properly funded — requires careful planning. An experienced estate planning attorney can help determine whether a trust makes sense for your situation and how it should work alongside your will and other documents.
Common Questions About Trusts
What is a trust?
A trust is a legal arrangement in which one person or entity (the trustee) holds and manages assets for the benefit of others (the beneficiaries) according to specific instructions.
What is the difference between a will and a trust?
A will takes effect after death and generally goes through probate. A trust can take effect during your lifetime and often allows assets to be managed and distributed without probate, offering greater privacy and flexibility.
Do trusts avoid probate?
Assets that are properly transferred into a trust typically avoid probate. This can make the process faster, more private, and less burdensome for your loved ones.
Are trusts only for wealthy individuals?
No. Trusts can be beneficial for many families, particularly those who want more control over asset distribution, privacy, or protection for beneficiaries. The decision to use a trust depends on goals, not just asset size.
Can I change or revoke a trust?
Some trusts, such as revocable living trusts, can be modified or revoked during your lifetime. Others are designed to be irrevocable and serve more specific planning purposes. The type of trust determines how flexible it is.
Do I need an attorney for a trust?
Trusts are complex legal instruments, and small mistakes can prevent them from functioning as intended. Proper drafting, funding, and coordination with the rest of your estate plan are critical.
An experienced estate planning attorney helps determine whether a trust is appropriate for your situation, selects the right type of trust, and ensures it is properly implemented. This guidance helps avoid unintended tax consequences, administrative problems, or disputes among beneficiaries.
Practice Areas
Wills
A will ensures your assets are distributed according to your wishes and allows you to name guardians for minor children, giving clarity and peace of mind to your loved ones.
Trusts
Trusts offer greater control, privacy, and flexibility over how and when your assets are managed and distributed, often helping families avoid probate and reduce taxes.
Powers of Attorney
A power of attorney allows someone you trust to handle financial and legal matters on your behalf if you are unable to do so yourself.
Advanced Healthcare Proxies
An advance healthcare proxy designates a trusted individual to make medical decisions for you if you cannot communicate your wishes.
Healthcare Powers of Attorney
A healthcare power of attorney ensures that medical decisions are made by someone you choose, consistent with your values and preferences.
Living Wills
A living will documents your wishes regarding end-of-life care and medical treatment, providing guidance to loved ones and healthcare providers during difficult moments.
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