When thinking about the importance of various estate planning documents, the one that come to mind most often is the will, but a trust can also be extremely beneficial for your overall estate planning goals. While a will is a basic document that will outline who will receive your property in the event that you pass away and allows you to name guardians for your minor children, a trust is somewhat more complex.

Trusts are legal documents that allow you to place assets inside on behalf of a beneficiary or beneficiaries. It can be challenging, however, to know when it makes sense to add a trust to your estate plan. There are four major things you need to consider when determining whether or not this is in your best interests:

  • Privacy
  • Owning property in various states
  • Wishes for philanthropy
  • Greater control

Although a trust might initially be more expensive than a will to set up, you may find that it helps you accomplish these goals significantly. Greater privacy and greater control over what is placed inside of a trust can benefit you and those you wish to receive assets in the future. Many individuals love the fact that greater rules and control can be exercised when establishing a trust when compared with a will.

Privacy is also another key concern. If you have only a will, it is more likely that your entire estate will pass through probate. If you have assets that would usually be subject to probate, you can place them inside a trust instead and preserve some of your legacy.

Talk to your Massachusetts estate planning attorney to learn more about these planning options.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

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