Wills and Trusts - Understanding the Difference and Why It Matters

 Posted on December 21, 2018 in Estate Planning

It can take decades to build wealth, so it only makes sense for guarantors to want a say over how their assets will be distributed upon their death. Wills and estate plans are valuable estate planning tools that can allow you to do just that. There are some distinct differences between these two options, however, and a variety of factors can dictate which option is most appropriate for your situation. Learn more, including how our seasoned estate planning lawyers can help protect your heirs, and your estate, immediately and long into the future. 

What is a Will? 

A will is a written document that explains how a guarantor’s assets should be distributed, upon their death. A guarantor can retract or amend a will at any point in their lifetime, and an update is recommended any time that a guarantor experiences a significant change in their situation (i.e. marriage, divorce, children, etc.). Wills can also be used to name guardians for minor children. 

What is a Living Trust? 

Living trusts are meant to designate control over a guarantor’s assets. You can name yourself, but most guarantors assign a trustee to their estate. The trustee would have the power to manage any assets to which they have been assigned, should you become incapacitated. Living trusts can also  reduce the tax-load of an estate, and it allows heirs to avoid the probate process (in most situations). Another distinct benefit of a living trust is the anonymity that it grants your heirs; under this document, your financial affairs remain a private matter. 

Which Estate Planning Tool is Right for You?

Living trusts allow guarantor’s the most control over their assets, even after death, but they are not appropriate for every situation. Often costly and typically complex, these documents are generally reserved for more complex estate planning situations. Examples include an estate with:

• A significant tax-load; 
• Multiple heirs;
• Minor children that must be supported until they come of age;
• Children, grandchildren, or other dependents with special needs;
• Heirs who poorly manage money; and
• Assets or property that should be maintained or held within the family.

Because no two situations are exactly alike, and the estate planning process is complex and multi-layered, it is advised that guarantors seek skilled legal guidance when determining which estate planning tools are best suited for their needs. Stock, Carlson & Asso. LLC is the firm to trust. Our experienced Wheaton wills and trusts lawyers offer more than 40 years of estate planning experience. Call 630-665-2500 for your consultation. 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2117&ChapterID=61