Wills and Trusts: What Works Best for the People You Love

When you start thinking about estate planning, one of the first questions that pops up is whether you need a will, a trust, or both. And if you’ve already heard five different opinions from friends, social media, or a TV “expert,” you’re not alone. No wonder it feels confusing.

Here’s the truth: wills and trusts can both play an important role in a solid estate plan. But the real question isn’t which document you should pick, it’s how to create a plan that actually works when your loved ones need it to.

In this article, you’ll learn the real difference between wills and trusts, how each one works in real life, and what you should think about before deciding. More importantly, you’ll see why choosing the right tool is just one piece of the puzzle and how smart planning keeps your family out of court, out of conflict, and away from costly mistakes when it matters most.

What a Will Handles vs. What It Can’t

A will is usually the first document people think of when they hear “estate planning.” And yes, it does some important things. A will lets you say who should receive your assets and who you want to raise your children if you die.

But here’s the part most people don’t learn until it’s too late: a will has limits.

A will must go through probate, a court process that becomes public record. Even in so-called “probate-friendly” states, probate can take months (sometimes years), cost thousands of dollars, and create plenty of room for conflict. And if you have minor children, a will alone doesn’t prevent them from being placed in temporary care while a judge sorts things out unless you’ve put a more comprehensive plan in place.

Just as important, a will has no power while you’re alive. If you become incapacitated, your will can’t help your loved ones manage your medical decisions, finances, or personal care. Without proper incapacity planning, families often face court involvement, delays, and unnecessary stress during an already emotional time.

And yes—this is where it gets confusing. A power of attorney does work while you’re living, but it stops the moment you die. That’s exactly why we start every planning relationship with clear education. You deserve to understand what each document does, what it doesn’t do, and why you’re choosing a particular plan (and fee).

Because of these limitations, many people turn to trusts for greater privacy, control, and protection for themselves and the people they love.

What a Trust Does (in Real Life)

A trust is a legal structure that can hold your assets during your lifetime and then distribute them according to your instructions when you die. Unlike a will, a properly funded trust avoids probate altogether meaning your affairs stay private and your loved ones can step in and take action right away, without court delays.

A trust also gives you far more control. You can protect a child’s inheritance from divorce, lawsuits, or poor financial decisions, and you get to decide how and when assets are distributed. With the guidance of an experienced attorney and regular plan reviews, a trust can evolve as your assets, family dynamics, and goals change over time.

Here’s where many people get tripped up: signing a trust document alone does not mean the plan is complete. Traditional planning and DIY services often skip the most critical step, funding the trust. If assets aren’t titled correctly, the trust doesn’t work, and your family can still end up in probate…the exact result you were trying to avoid.

That’s why the real value is in working with a lawyer who makes sure every asset is properly transferred, coordinated, and kept current as life changes.

So how do you decide whether you need a will, a trust, or both? It starts with getting clear on what you actually want your plan to accomplish for you and for the people you love.

The Factors That Matter When Choosing a Will or Trust

When you’re choosing the right tools for your estate plan, the decision isn’t really about documents. It’s about your goals, your family, and the legacy you want to leave behind. Here are a few key questions to guide the decision:

1. Do you want to keep your loved ones out of court?

If avoiding court, preserving privacy, and reducing conflict matter to you, a trust is often the better option. Many families assume probate will be “simple.” In real life, it rarely is. Siblings argue over sentimental items, properties get tied up for years, and costs pile up quickly. The price of a cheap or incomplete plan is usually paid by the people you love most.

2. Do you have minor children?

A will alone isn’t enough to fully protect your kids. You need clear documentation naming long-term and short-term guardians, instructions that prevent your children from being placed in temporary custody, and explicit exclusions of anyone you would not want raising them. A trust can also preserve assets for your children and make sure caregivers have the financial support they need.

3. Do you own a home or have more than one account?

Even modest estates benefit from a trust. It simplifies management and helps ensure nothing slips through the cracks. Right now, more than $60 billion in unclaimed property sits in the U.S., often because families couldn’t find accounts or no one kept an updated inventory. A trust-based plan, paired with ongoing guidance, helps make sure your life’s work doesn’t end up as part of that statistic.

4. Do you want someone you trust in charge if you become incapacitated?

A trust allows someone you choose to step in immediately without court involvement. That means bills get paid, your home is maintained, and your wishes are honored without delays or a court-supervised conservatorship.

5. Do you want long-term protection for your beneficiaries?

If you want assets protected from creditors, lawsuits, or divorce, a trust offers options a will simply can’t. And if you have loved ones who struggle with finances, addiction, or special needs, a trust ensures assets are used for their benefit without putting them at risk.

No matter which tool you choose, what matters most is that your plan actually works when your loved ones need it. That takes more than paperwork. It takes education, guidance, and ongoing support.

That’s why every planning relationship starts with an Estate Planning Session, so we can build a plan that truly protects your family in the real world.

What Comes Next

As a trusted advisor to you and the people you love, my role isn’t simply to help you choose between a will and a trust. My job is to help you create a comprehensive estate plan that actually works in real life.

That means protecting your loved ones, keeping them out of court and out of conflict, and making sure your wishes are honored. It also means having systems in place to review and update your plan over time, so it stays aligned as your life, assets, and the law change. And just as importantly, it means my firm will be there for your family when they need guidance and support when you can’t be.

If this sounds expensive, here’s the truth: it’s far less costly than losing assets to avoidable court fees, family conflict, or the chaos that happens when loved ones don’t know what you have or what to do.

Let’s start with a 15-minute discovery call. During this complimentary conversation, we’ll talk through your situation and identify the most effective and affordable next steps for you and the people you love.

Click here to schedule your discovery call and get started: https://pages.20westlegal.com/schedule/meeting

This article is a service of 20WestLegal LLC. We don't just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love. That's why we offer a Planning Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love. You can begin by calling our office in Sudbury, Massachusetts today to schedule an Estate Planning Session and mention this article to find out how to get this $750 session at no charge.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.