When people start thinking about estate planning, the first question that usually comes to mind is: “Do I need a will, a trust, or both?”
It’s a great question—and an important one. Because while wills and trusts both help you protect your family and your legacy, they serve very different purposes.
Let’s walk through the basics, without the legal jargon, so you can understand what each one does—and how to choose what’s right for you.
📜 What a Will Does
A will is a legal document where you lay out your final wishes. It’s where you name:
- Who should receive your assets
- Who should take care of your children if they’re still minors
- Who will handle your estate (your executor)
But here’s the thing: A will only goes into effect after you pass away. And at that point, it goes through probate—the court process for settling your estate.
What that looks like:
- Your will is filed in probate court
- The court reviews it and approves the executor
- Your estate is appraised, debts are settled, and taxes are paid
- Your beneficiaries receive their inheritance—eventually
That process can take months (sometimes longer), and it often involves court fees, attorney fees, and paperwork your family may not be prepared for.
In short: A will is important—but it doesn’t avoid probate. And that can mean delays, costs, and less privacy for your loved ones.
🏦 What a Trust Does
Here’s where a trust changes the game.
When you create a revocable living trust, you’re moving your assets (like your home, bank accounts, or investments) into a legal entity that you control during your lifetime. You’re no longer just the owner—you’re the trustee managing the trust.
Then, when you pass away:
- The trust doesn’t die with you.
- Your successor trustee steps in immediately, without court involvement.
- They can distribute your assets directly to your chosen beneficiaries—privately, and often much faster.
Since the trust already “owns” the assets and outlines who gets what, there’s nothing for the probate court to sort through.
The result? A trust gives you more control—both now and later. And it helps your family avoid the delays and court proceedings that often come with probate.
🧠 So, Should I Choose a Will or a Trust?
An estate plan is a combination of several documents, including a pour-over will and a revocable living trust.
For comprehensive coverage, we do recommend that our clients have both.
Why?
Because a trust gives you more control, more privacy, and a smoother experience for your loved ones. It helps your assets pass directly to your beneficiaries—without lengthy delays, public records, or probate costs.
That said, a will still plays an important role. It’s where you:
- Name guardians for your children
- Handle any assets not placed in your trust
- And provide backup instructions, just in case
Think of the will as your safety net—but the trust as your primary plan.
If you’re serious about protecting your legacy and minimizing stress for your family, a simple will combined with a detailed, well-written trust ensures a strong foundation.
👋 Let’s Create a Plan That Fits You
At Comer Law Group, we don’t do cookie-cutter estate plans. We take time to understand your family, your goals, and what matters most to you.
Whether you’re just getting started or need to update an existing plan, we’re here to make the process simple, clear, and tailored to you.
📍Based in Dallas. Proudly serving families across Texas. 📞 Ready to talk through your options? Let’s connect.
New to Comer Law Group?We’re a dedicated group of experienced and highly credible legal professionals, proudly representing clients all across Texas. From our Dallas office, we honor a commitment to excellence and a client-centered approach. Comer Law Group provides expert legal services tailored to meet the unique needs of our clients. With our knowledge and case-winning strategies, our team is committed to achieving justice and securing the best possible results for our clients.
To become an estate planning client, visit the Comer Law Group website, or call us directly at 1 888 387 0650.
