Estate Plans Compared (Wills vs. Trusts)
Estate Plans Compared | No Will or Trust | Will Only | Living Trust | Estate Tax Trust |
Can I avoid probate? | No | No | Yes | Yes, if funded during your life |
Can I reduce/avoid federal estate taxes? | No | No | No | Yes |
Will my estate stay private when I die? | No | No | Yes | Yes, if funded during your life |
Can I keep inheritance from my heirs until they reach age 30 or older? | No | No | Yes | Yes |
Can I arrange to have funds managed for the benefit of an heir who is handicapped or otherwise unable to handle funds? | No | No | Yes | Yes |
Can I make sure my grandchildren will receive my estate after my children die, excluding spouses of my children? | No | No | Yes | Yes |
Can I leave assets to children from an earlier marriage, cutting out present spouse? | No | No | Depends on the state | Depends on the state and how trust is set up |
How long should it take after my death until all assets are distributed and the estate is closed, assuming all goes well? | 6 mo. - 2 yr. | 6 mo. - 2 yr. | 2 - 9 mo. | 9 mo. - 2 yr. |
Can I retain control over my assets while I'm alive? | Yes | Yes | Yes | Depends on how trust is set up |
Can I change/revoke the plan? | N/A | Yes | Yes | Depends on how trust is set up |
Does the plan provide for someone to handle my finances if I become disabled? | No | No | Yes | Yes, if funded during your life. |
