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Will vs Trust: Which Do You Need?

Wills are simpler and cheaper but go through probate. Trusts cost more upfront but avoid probate, provide privacy, and offer more control over asset distribution.

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CriteriaLast Will & TestamentLiving TrustWinner
Cost$300-$1,200$1,500-$7,000Will
Avoids ProbateNoYesTrust
PrivacyPublic record after deathPrivate documentTrust
Incapacity ProtectionNo (need separate POA)Yes (successor trustee)Trust
ComplexitySimple to createMust be properly fundedWill

Our Verdict

A will is sufficient for simple estates under $500,000 without real estate in multiple states. A trust is recommended for larger estates, real estate owners, blended families, and anyone wanting to avoid probate.

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Frequently Asked Questions

Do I need both a will and a trust?

Yes. Even with a trust, you need a 'pour-over will' to catch any assets not transferred to the trust during your lifetime.

At what net worth should I get a trust?

Consider a trust if you own real estate, have assets over $200,000, or want to avoid probate costs (which can be 3-7% of estate value).