Why Your Family Needs a Mission Statement

When you begin thinking about estate planning, one of the first questions you might ask is whether you need a will, a trust, or both. You may have heard conflicting information from friends, social media, or TV experts, which can make the decision feel confusing. And while both wills and trusts can play an important role in your estate plan, the real question is not which document you should choose, but how to create a plan that actually works when your loved ones need it to.

In this article, you’ll learn the real difference between wills and trusts, how each works in practice, and what you should consider before making a decision. More importantly, you’ll discover why choosing the right tool is only one part of building a plan that keeps your family out of court, out of conflict, and out of costly mistakes. 

What a Will Does and What It Doesn’t Do

A will is often the first document people think of when they think about estate planning. It allows you to state who receives your assets and who you want to raise your children after you die. But a will has important limitations that most people don’t realize until it’s too late.

A will must go through probate, which is a court process that becomes public record. Even in states considered “probate-friendly,” the process can still take months or years, cost thousands of dollars, and create opportunities for conflict. If you have minor children, a will also does not prevent them from being placed in the temporary care of strangers until a judge sorts things out, unless you have a comprehensive estate plan in place. 

Importantly, a will also has no authority while you are living. If you become incapacitated, your loved ones will still need additional legal tools to manage your medical decisions, financial matters, and personal care. Without a plan that addresses incapacity, your loved ones may face court involvement, delays, and unnecessary stress during an already emotional time.

And, yes, if you have a power of attorney that does operate while you are living, BUT your power of attorney stops operating at the time of your death. I know, it can be confusing. That’s why we always begin with clear education so you understand what you are doing, and why, and then support you to choose the right plan (and fee) for you.

Because of the limitations of wills and powers of attorney alone, many people look to trusts for greater protection and privacy.

How a Trust Works 

A trust is a legal structure that can hold your assets during your lifetime and distribute them according to your instructions when you die. Unlike a will, a properly funded trust bypasses probate entirely, keeping your affairs private and allowing your loved ones to take action and handle your affairs immediately when something happens to you

A trust also gives you far more control. You can protect a child’s inheritance from divorce, lawsuits, or poor financial habits, and you can determine how and when they receive assets. With the support of an experienced attorney and ongoing plan reviews, a trust can remain aligned with your changing assets, family dynamics, and long-term wishes.

One common misunderstanding is that simply signing a trust means everything is handled. Unfortunately, traditional lawyers and DIY services often leave the most important step unfinished: funding the trust. When assets are not titled correctly, the trust fails, and your loved ones still end up in probate, which is often the very outcome the trust was meant to avoid. The real value comes from working with a lawyer who ensures every asset is properly transferred, kept up to date, and fully coordinated with your overall plan. 

So how do you decide whether you need a will, a trust, or both? It starts with understanding what you want your plan to accomplish.

Key Factors to Consider When Deciding Between a Will and a Trust

When choosing the right tools for your plan, the decision is not simply about documents. It’s about your goals, your family, and the legacy you want to leave behind. Here are some things to consider:

1. Do you want to keep your loved ones out of court?

If avoiding court, reducing conflict, and preserving privacy are important to you, a trust may be the best option. Many families believe probate court will be “simple,” but real-life stories show how quickly things can spiral. From siblings fighting over sentimental items to property stuck for years, the cost of a cheap or incomplete plan can be devastating.

2. Do you have minor children?

A will alone is not enough to protect your children. You need documents naming long-term guardians, short-term guardians,  clear instructions to avoid your children being taken into temporary custody of the authorities, and documentation that excludes anyone you’d never want to raise your kids. A trust can also preserve assets for your children and ensure caregivers receive the support they need. 

3. Do you own a home or have more than one account?

Even modest estates benefit from a trust because it simplifies management and prevents assets from slipping through the cracks. Today, unclaimed property in the U.S. exceeds $60 billion, largely because families couldn’t locate assets or the owner didn't keep an updated inventory. A trust-based plan, paired with ongoing guidance, helps prevent your life’s work from becoming part of that statistic.

4. Do you want someone you trust to manage things if you become incapacitated?

A trust can provide immediate authority to someone you choose, avoiding a court-supervised conservatorship. This keeps your bills paid, your home maintained, and your wishes honored without court delays.

5. Do you want long-term protection for beneficiaries?

If you want your loved ones to receive assets protected from creditors, lawsuits, or divorce, a trust offers options a will simply cannot. If you have loved ones who aren’t financially responsible, suffering from addiction, or have special needs, a trust will ensure assets are protected for their benefit.

No matter which tool you choose, what matters most is that your plan works when your loved ones need it. That requires more than documents. It requires education, support, guidance and counsel. That’s why we always begin your estate planning with a Life & Legacy Planning Session.

What to Do Now

As a trusted advisor to you and your loved ones, my objective is not just to help you choose between a will and a trust. I’m here to  help you create a comprehensive estate plan, called a Life & Legacy Plan, that protects the people you love, keeps them out of court and conflict, and ensures your wishes are honored. I also have systems to review your plan over time, ensuring your plan will work when the people you loved need it, and that our firm will be there for them, when you can’t be.



If this all sounds expensive, I can assure you that it’s a lot less costly than the loss of your assets to avoidable court costs, conflict, or your loved ones simply not knowing what to do or what you have. Let’s start with a 15-minute discovery call during which we can guide you to your next best steps in identifying the most affordable and effective plan for yourself and the people you love. 

Click here to schedule a complimentary 15-minute consultation to learn more and get started today:

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Silvas Law is a Personal Family Lawyer® firm, we know the value of planning for the future.
And we know the value of planning for the life you want today and the legacy that extends far beyond your assets.