We created this quick overview to help you learn more.
One of the differences between a will and a trust is when it goes into effect. A will becomes effective at the time of death. A trust, on the other hand, becomes active immediately after it’s signed.
A trust can be advantageous because it considers circumstances that can occur while the person is alive. This includes mental disabilities like Alzheimer’s or other health issues that can cause incapacitation.
A will and a trust both control the disbursement of your assets. A will must go trhough probate, a process where the court distributes the assets according to the terms of your will. A trust is not required to go through probate.
To leave property through a trust, the grantor (the person creating the trust) must transfer it into the trust. A living trust can manage and distribute any property that it was funded with. For example, if you transfer your life insurance policy and jointly owned property into the trust, it can legally govern and distribute them according to your wishes.
One advantage a trust has over a will is that it helps to minimize the total tax obligations of the estate. While it can be expensive to set a trust up initially, that cost can be more than offset by the tax savings.
Creating a will is a necessary part of any estate planning process. Whether you need to include a trust depends on your personal situation. At Heritage Senior Communities, we always recommend seniors and families seek help from a professional when creating legal documents. A lawyer with estate planning experience can help you develop a plan to ensure your assets are distributed according to your wishes.
Heritage Senior Communities offers several senior living options throughout Michigan including assisted living, independent living, specialized dementia care, and respite care. Contact us for more information.
Dear Donna: My family and I help out a neighbor, George, who lives alone. He’s…
Aging doesn't have to mean slowing down. However, it often means rethinking how you move.…
Dear Donna: My mom was recently diagnosed with advanced stage colon cancer. Because both of…
Deciding when an aging parent or loved one needs more support than they're getting at…
Dear Donna: My mom was diagnosed with dementia, Alzheimer’s disease to be specific, about five…
A stroke can change daily life overnight, both for the person who experienced it and…