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Will vs Trust

April 01, 20252 min read

Do You Need a Living Will and a Living Trust?

When it comes to estate planning, understanding the difference between a Living Will and a Living Trust is crucial. Each serves a distinct purpose, and knowing which one you need—or if you might need both—can make all the difference in protecting your assets and ensuring your wishes are carried out seamlessly.

What is a Living Will?

A Last Will & Testament is a legal document that spells out your medical and some financial preferences in case you’re unable to communicate them yourself. Think of it as a guide for loved ones and professionals to honor your decisions during critical moments. Everyone should at least have a Will.

What is a Living Trust?

A Living Trust, on the other hand, focuses on your assets. It allows you to control how your property and wealth are distributed after your passing—or even while you're alive. A major advantage of a Living Trust is that it helps your estate avoid probate, which can save time, legal fees, and a great deal of stress for your beneficiaries.

Do You Need Both a Living Will and a Living Trust?

The short answer? It depends on your circumstances and goals, but most people find value in having both. Here’s why:

  • A Living Will ensures your healthcare wishes are respected if you can’t communicate them yourself.

  • A Living Trust safeguards your assets, providing detailed instructions on their management and distribution.

They serve entirely different functions, so one doesn’t replace the other.

Why Having Both is Often the Best Option

For business owners, real estate investors, and anyone managing significant assets, having both a Will and a Living Trust creates a comprehensive safety net. Not only will your healthcare wishes be honored, but you’ll also gain peace of mind knowing your assets will be managed and distributed exactly as you intend.

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We Started Investing in Real Estate in 2003. Protected over 2,213 members so far with our Legal Services. Own and manage 5 companies. Founders of the Ladies of Justice League

Amy Yoshimitsu & Lois Threlkeld

We Started Investing in Real Estate in 2003. Protected over 2,213 members so far with our Legal Services. Own and manage 5 companies. Founders of the Ladies of Justice League

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