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What you need to know when drafting your wills and trusts

On Behalf of | Jul 3, 2025 | Estate Planning |

Writing a comprehensive estate plan through wills and trusts helps protect your family’s future and preserve your wealth for the next generation. These fundamental estate planning documents work together to control how your assets are distributed and can provide significant tax advantages when properly structured.

Understanding the main differences between wills and trusts and how they complement each other allows you to make informed decisions about your estate plan.

Understanding the role of wills in your estate plan

A will acts as the foundation of your estate plan by directing how your assets will be distributed after death and naming guardians for minor children. This document becomes legally binding once properly executed and witnessed according to your state’s requirements.

Exploring trust options for asset protection

Trusts may offer better control over asset distribution compared to wills alone, although trusts can also be created within wills.  Trusts allow you to establish specific criteria for how beneficiaries receive their inheritance, such as reaching certain ages or achieving educational milestones.

Like Wills, revocable living trusts ensure that you maintain control during your lifetime while avoiding probate, which may be cumbersome or time-consuming in some jurisdictions depending on the specific circumstances.  Trusts must be irrevocable, that is the terms cannot be changed, in order to provide tax benefits and creditor protection.

Key considerations for effective estate planning

Both wills and trusts require careful consideration of your financial situation, family dynamics and long-term goals. Consider how your assets should be divided among beneficiaries and whether certain family members need additional protection or guidance in managing their inheritance.

Maintaining and updating your estate documents

Estate planning is not a single event but requires regular review and updates as your circumstances change. Both wills and trusts should be reviewed and updated periodically to reflect current laws, family situations and financial goals. Regular reviewing helps maintain the effectiveness of your estate plan and address any new planning opportunities that may arise.

Working with professionals for optimal results

Estate planning involves difficult legal and tax considerations, along with personal considerations, that require careful analysis of your specific situation. Professional guidance helps navigate state-specific requirements and federal tax laws that affect your estate plan.

Because of the complex nature of estate and tax laws, consider seeking experienced legal guidance to create a comprehensive plan that achieves your family’s long-term objectives.