Will vs. Trust: Which One Do You Really Need?

When it comes to protecting your legacy and your loved ones, choosing the right estate planning tool is key. One of the most common questions we hear at Johannesmeyer & Sawyer, PLLC is:

“Do I need a Will or a Trust?”
The answer? It depends on your unique situation, goals, and what kind of peace of mind you’re looking for.

Let’s break down the essentials so you can make an informed decision.

What Is a Will?

A Last Will and Testament is a legal document that outlines:

• Who should receive your property after your death
• Who you want to be the guardian of your children (if applicable)
• Who will be in charge of carrying out your wishes (your executor)

Pros of a Will:

• Simple and cost-effective to create
• Allows you to name guardians for minors
• Can be updated as life circumstances change

Cons:

• Must go through probate, a public and potentially lengthy court process
• Offers no protection if you become incapacitated
• Becomes effective only after you pass away

What Is a Trust?

A Living Trust is a legal entity you create to hold and manage your assets while you’re alive and after you pass. You (or someone you appoint) can control the trust, and your assets are distributed privately according to your instructions—no probate needed.

Pros of a Trust:

• Avoids probate entirely
• Keeps your affairs private
• Can manage your affairs if you become incapacitated
• Often faster and more flexible in distributing assets

Cons:

• Typically more complex and costly to set up
• Requires you to fund the trust properly (i.e., retitle assets into the trust)

So, Which Is Right for You?

A Will may be sufficient if:

• Your estate is simple
• You’re primarily concerned with naming guardians
• You don’t mind the probate process

A Trust is often better if:

• You want to avoid probate
• You own property in multiple states
• You want to provide for a loved one with special needs
• You want your estate to be distributed privately and efficiently

The Bottom Line

Wills and trusts are not mutually exclusive—you can (and often should) have both. A comprehensive estate plan often includes a trust, a pour-over will, powers of attorney, and healthcare directives.

At Johannesmeyer & Sawyer, PLLC, we help you understand your options and build a personalized plan that works for you now and for your loved ones later.

Protect your legacy. Start here.
Contact us today to discuss whether a Will, a Trust, or a combination of both is right for your future.