Trusts vs. Wills - What's the Difference?
May 15, 2025

May 15, 2025

Are you planning your estate but feeling unsure about whether to choose a will or a trust? You're not alone. Many people in Tampa, FL are uncertain about which option is best for them. It can be confusing to know which option is best for you. But don't worry, we've got you covered. In this article, we'll break down the key differences between wills and trusts, so you can make an informed decision about which one is right for you.

What is a Will?

A will is a legal document that outlines your wishes for the distribution of your assets after your death. It also names an executor who is responsible for carrying out your wishes and settling your estate. Wills only go into effect after your death and can be changed or revoked at any time during your lifetime. It is important to note that a will must go through probate court, which can be a lengthy and expensive process.

What is a Trust?

  A trust is a legal arrangement in which you transfer your assets to a trustee to manage on behalf of your beneficiaries. There are two types of trusts: revocable and irrevocable. A revocable trust can be changed or revoked during your lifetime, while an irrevocable trust cannot. A trust can help you avoid probate court, minimize estate taxes, and protect your assets from creditors.  

Key Differences between Wills and Trusts

  One of the main differences between wills and trusts is when they take effect. A will only goes into effect after your death, while a trust can take effect during your lifetime. This means that a trust can be used to manage your assets if you become incapacitated or unable to manage them yourself.   Another key difference is the probate process. As mentioned earlier, a will must go through probate court, which can be a lengthy and expensive process. A trust, on the other hand, can help you avoid probate court and ensure that your assets are distributed quickly and efficiently.   Finally, a trust can offer more privacy than a will. When a will goes through probate court, it becomes a matter of public record. A trust, on the other hand, is a private document that does not have to go through probate court, which means that your wishes can remain private.  

Which one is right for you?

  The decision to use a will or a trust depends on your individual circumstances and goals. If you have a simple estate with few assets and beneficiaries, a will may be sufficient. However, if you have a complex estate with multiple assets and beneficiaries, a trust may be a better option. An estate planning lawyer can help you determine which one is right for you.   In conclusion, both wills and trusts are important estate planning tools, but they have different purposes and benefits. It is important to consult with an estate planning lawyer in Tampa, FL to determine which one is right for you and your family.   If you are in need of an estate planning lawyer in Tampa, FL , contact Linsky Law today at 813-634-5566 . Our experienced attorneys can help you create a comprehensive estate plan that meets your unique needs and goals. We proudly serve the Sun City Center, FL, area and look forward to serving you.

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