What is a Will?
A will, often called a Last Will and Testament, is a legal document that directs what you want to happen to your estate assets after you die. It can also name a guardian to take care of your minor children.
● A Will allows you to direct the distribution of your assets versus Michigan law dictating who receives your assets.
● A Will allows you to appoint a guardian for your minor children.
● A Will allows you to designate a Personal Representative who will be in charge of handling your probate estate.
● A Will does not control the distribution of all of your assets.
● A Will is required to go through the Probate Court process.
● A Will does not allow anyone to handle your assets in the event you become incapacitated.
● A Will does not allow someone to make medical decisions for you in the event you become incapacitated.
● Since a Will is required to go through the Probate Court process, there are fees, a loss of privacy, and time delays, typically from 6 months to a year depending upon your circumstances.
What is a Trust?
A trust is a special way to manage your assets. You can put your money, property, and other valuables into a trust. This can help avoid probate, which is the court process of distributing your assets. Trusts can also allow for the management of your assets if you become unable to do so.
● A Trust allows you to control the distribution of your assets without court intervention.
● A Trust allows you to delay distributions to beneficiaries who may be minors, have special needs, or other personal issues, while providing for their health, education, maintenance, and support.
● A Trust may be able to protect the assets held in trust for a beneficiary from the beneficiary’s creditors, lawsuits, and divorce settlements.
● A Trust allows you to control your assets under one plan.
● A Trust allows you to appoint a Trustee who will manage your assets in the event you become incapacitated and after your death.
● A Trust can eliminate the Probate Court process if funded properly.
● A Trust can help reduce estate taxes.
● Since a Trust is not required to go through the Probate Court process, costs can be reduced, privacy is maintained, and typically there are no time delays.
Having a Will is better than having no plan at all. It will give you some control over the disposition of your assets after your death. It also allows you to designate the individual(s) who will handle your affairs. While it may still require administering your estate through probate court, the process may be streamlined.
A Trust on the other hand is going to give you more control, even after your death, and it can avoid probate court altogether if drafted and funded properly.”
For a free initial consultation about your Estate Planning needs, call (586) 803-8430 or use our contact form to arrange a meeting.