Wills vs. Trusts: How to Choose the Right Tool to Protect the People You Love

When you begin thinking about estate planning, one of the first questions that comes up is whether you need a will, a trust, or both. You may hear conflicting advice from friends, social media, or television “experts,” which can make the decision feel overwhelming.

While both wills and trusts can play important roles, the real question isn’t which document is better. It’s how to create a plan that actually works when your loved ones need it.

In this article, you’ll learn the real differences between wills and trusts, how each works in practice, and what to consider before choosing. Most importantly, you’ll see why the right tool is only one piece of a comprehensive 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

A will allows you to name who receives your assets and who you want to raise your children after you die. It’s an important document—but it has serious limitations many families don’t discover until it’s too late.

First, a will must go through probate, a court process that becomes public record. Even in states with streamlined probate systems, the process can take months or years, cost thousands of dollars, and create opportunities for conflict.

Second, a will offers no protection during your lifetime. If you become incapacitated, your will provides no authority for loved ones to manage your finances, make medical decisions, or care for you. Without additional planning, your family may need court involvement just to step in and help.

And while a power of attorney can operate during your lifetime, it ends at death—which often surprises people. Once you die, only your will (through probate) or a properly funded trust can control what happens next.

Because of these limitations, many families look to trusts for greater protection, privacy, and control.

How a Trust Works

A trust is a legal structure that holds your assets during your lifetime and distributes them according to your instructions after your death—or manages them if you become incapacitated.

Unlike a will, a properly funded trust avoids probate entirely, allowing your loved ones to step in immediately and handle your affairs privately and efficiently.

A trust also provides far more flexibility and protection. You can:

• Control how and when beneficiaries receive assets

• Protect inheritances from divorce, lawsuits, or creditors

• Provide long-term support for minors, vulnerable loved ones, or beneficiaries with special needs

One common misunderstanding is thinking that signing a trust is enough. It isn’t. If assets aren’t properly titled into the trust, it fails—and your family ends up in probate anyway. This is one of the most common (and costly) mistakes in traditional or DIY estate planning.

The real value of a trust comes from ongoing coordination, funding, and review, so it works exactly as intended.

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

Choosing the right tools isn’t about checking boxes—it’s about your family, your goals, and your legacy. Here are some key questions to consider:

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

If privacy, efficiency, and minimizing conflict matter to you, a trust is often the better option. Probate may sound simple, but real-life experiences show how quickly it can become expensive and emotionally draining.

2. Do you have minor children?

A will alone is not enough. You need clear guardianship planning, short-term protections to avoid temporary custody by strangers, and financial structures to support caregivers. A trust can ensure funds are available and protected for your children’s care.

3. Do you own a home or multiple accounts?

Even modest estates benefit from a trust. More than $60 billion in unclaimed property exists in the U.S. because families couldn’t locate assets or didn’t know what existed. A trust-based plan—paired with an updated asset inventory—helps prevent this.

4. Do you want someone you trust to act if you’re incapacitated?

A trust can grant immediate authority to someone you choose, avoiding court-supervised conservatorship and ensuring bills are paid and property is maintained without delay.

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

If you’re concerned about creditors, divorce, addiction, poor money management, or special needs, a trust provides protections a will simply cannot.

Why the Tool Matters Less Than the Plan

No matter which tools you choose, what matters most is whether your plan works when your loved ones need it. That requires more than documents. It requires education, guidance, coordination, and ongoing review.

That’s why we begin every client relationship with a Life & Legacy Planning® Session—so you understand your options, your risks, and how to build the most effective plan for your family and your budget.

Your Next Step

Our role at Starsia Law isn’t just to help you decide between a will and a trust. We’re here to help you create a Life & Legacy Plan® that protects the people you love, keeps them out of court and conflict, and ensures your wishes are honored when it matters most.

We also have systems in place to review and update your plan over time—so it doesn’t quietly fail—and to support your loved ones when they need guidance and you can’t be there yourself.

If this feels expensive, consider the alternative: avoidable court costs, lost assets, and family conflict. Thoughtful planning is far less costly than cleaning up a failed one.

Let’s start with a complimentary 15-minute discovery call, where we’ll help you identify your next best steps and the most effective, affordable plan for your family.

This article is a service of Starsia Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. 

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.