What’s the Difference Between a Will and a Trust — and Which One Do I Need?

This is one of the most common estate planning questions we hear.

A will:

Takes effect after death

Goes through probate

Names guardians for minor children

Directs asset distribution

A trust:

Can work during your lifetime as a living trust in Massachusetts

May avoid probate

Provides privacy and other revocable living trust benefits

Offers more control over assets

Which one do you need?

That depends on:

Whether you own a home or a business

Family dynamics

Privacy concerns

Long-term care planning

Families in Longmeadow, East Longmeadow, Brimfield, Natick, and across Vermont often benefit from a trust, but not always. There’s no one-size-fits-all answer, and the decision should include how much a trust costs as well as what problems the trust is meant to solve.

If you have questions or would like help deciding what’s right for you, we’re happy to help. Give us a call at 508-202-1818.

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.

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

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

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.