Top

Trust vs. Will: Which One is Right for You?

Ben and Amy loved the Colorado mountains. Every summer, they packed up their camper and spent weeks exploring the Rockies with their kids, teaching them how to read trail maps, set up camp, and navigate the wilderness safely. They wouldn’t dream of hitting the trails without a plan—so why didn’t they think the same way about their family’s future?

Ben had always assumed that a simple will would be enough. "If something happens to me, everything will go to Amy and the kids, right?" he had told a friend over coffee. But when that same friend’s father passed away unexpectedly, leaving only a will, Ben saw firsthand how a lack of planning can send a family down an unexpected—and difficult—path.

His friend spent months in probate court, dealing with endless paperwork, legal fees, and delays. Every account, every property transfer—it all had to go through the court system, dragging out the process and making a stressful time even harder. Ben realized that just like venturing into the backcountry without a proper map and compass, navigating estate planning without the right tools could leave his family lost.

What is a Will?

A will is a basic legal document that outlines who gets what when you pass away. It allows you to name an executor, designate guardians for your children, and specify how you want your assets divided. But here’s the catch—a will must go through probate.

Probate is like taking the long, rocky, and treacherous trail instead of the well-marked path. It can take months, even years, depending on your estate’s complexity. And since probate is a public process, anyone can see your family’s financial information.

What is a Trust?

A trust, on the other hand, acts as a well-planned route that keeps your assets protected, private, and easily accessible to your family. When you create a trust, your assets are placed inside it and managed according to your instructions—bypassing probate and ensuring that your loved ones have immediate access to what they need.

  • Trusts provide privacy—unlike a will, they don’t become public record.

  • Trusts allow you to control how and when assets are distributed, ensuring minors or financially inexperienced heirs don’t inherit everything at once.

  • Trusts protect against incapacity—if you become unable to manage your affairs, your designated trustee can step in without needing court approval.

Which Path Will You Take?

Ben and Amy realized that a will alone wasn’t enough to protect their family from the legal and financial headaches that probate brings. They worked with an estate planning attorney to create a trust, ensuring their children’s future was secure—just like they always prepared for every adventure in the mountains.

Navigating estate planning doesn’t have to be confusing. Register for a workshop with Skipton Law today and let’s map out the best plan for your future and give you peace of mind.

Categories: 
Related Posts
  • Legacy Planning: How to Leave a Lasting Impact Read More
  • Estate Planning for Blended Families – Debunking Common Myths Read More
  • When Family Ties and Finances Collide: Why Clear Estate Plans Matter Read More
/