Wills vs Trusts - 10 points of interest
Wednesday, May 11, 2011 at 11:00AM - Wills are normally less expensive, but must be probated.
- Wills can have trusts in them that take effect on death.(testamentary trusts)
- Wills are more likely to be challenged, as the maker is not available for testimony.
- Probate of a will is public record.
- Trusts are normally a better planning tool, as they take effect now and provide flexibility for different situations.
- Estate Tax exemption is up to $1,000,000 per person.
- Simple estates under $500,000 probably don=t require a trust for tax purposes, but a trust might be desirable for non-tax purposes.
- Land in different states requires probate in each state, making a trust more desirable to save probate costs.
- Trusts are more work, as they must be kept up to date and funded to avoid probate.
- Trusts are helpful for disability, as there is no need for a conservatorship. The trustee acts as conservator.


