If you’ve started thinking about your estate plan, you’ve probably heard about wills and trusts. But which one do you actually need? And what happens if you have one but not the other?
The truth is, both are useful — but they serve very different purposes. Let’s walk through what they are, how they work in Michigan, and when each might be the best fit for your situation.
What Does a Will Do (and Not Do)?
A will is a legal document that outlines who should receive your property after your death and who should care for your minor children, if any. It only goes into effect after you pass away.
What a will does:
- Names beneficiaries for your assets
- Appoints a guardian for minor children
- Names a personal representative to manage your estate
What it doesn’t do:
- Avoid probate court
- Control how jointly owned or beneficiary-designated assets are handled
What Is a Revocable Living Trust?
A revocable living trust is a flexible estate planning tool that allows your assets to be managed privately and efficiently — during your life and after your death — without the need for probate.
With a trust, you:
- Retain control during your lifetime
- Appoint someone to step in if you become incapacitated
- Avoid probate entirely for assets placed in the trust
Key Differences: Control, Privacy, Probate, Cost
- Probate: Wills must go through probate. Trusts bypass it.
- Privacy: Wills become public. Trusts stay private.
- Control: Trusts let you plan for incapacity. Wills do not.
- Cost: Wills are cheaper upfront. Trusts may save more in the long run.
When Is a Trust the Better Option?
You may benefit from a trust if:
- You want to avoid probate
- You have minor children, blended families, or a special needs beneficiary
- You want your finances kept private
- You’re concerned about future incapacity
Hybrid Planning: Why Many People Need Both:
In most Michigan estate plans, a trust is used for assets, while a simple will backs it up (called a “pour-over will”). Powers of attorney and health care directives complete the plan.
Wills and trusts aren’t one-size-fits-all — they’re tools that work best when chosen and designed based on your goals. The good news? You don’t have to figure it out on your own. A will alone won’t avoid probate — but a trust might.
Need help deciding between a will or a trust? Schedule a free consultation with our attorneys.
At Boroja, Bernier & Associates PLLC in Shelby Township, we tailor every estate plan to your unique needs. Whether you need a simple will, a comprehensive trust, or both — we’ll help you build the right plan for your future.
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📍 Serving: Southeast & Mid-Michigan
