Why Having a Trust Can Be Better Than Just a Will: Key Advantages for Families

Anthony Jabbour
7 days ago
3 min read

When planning for the future, one of the most important decisions you’ll make is how to protect your assets and loved ones. Most people are familiar with a will, but fewer understand the benefits of a trust—and in many cases, a trust provides far more control, privacy, and efficiency.

If you live in Michigan, understanding the differences between a will and a trust can help you make a more informed decision about your estate plan. Below are the main reasons why so many Michigan residents are choosing to create a revocable living trust instead of relying solely on a will.

1. Avoiding Probate

The biggest advantage of having a trust is that it allows your estate to avoid probate—the court process required to validate a will and distribute assets. In Michigan, probate can be slow, costly, and public, often taking months or even longer to complete. A trust allows your successor trustee to distribute assets directly to your beneficiaries without court involvement, saving time, money, and stress.

2. Keeping Your Affairs Private

A Michigan will becomes part of the public record once filed with the probate court. That means anyone can access details about your assets and beneficiaries. A trust, however, remains private. The terms and distributions stay between you, your trustee, and your beneficiaries—helping protect your family’s financial privacy.

3. More Control Over Asset Distribution

A will distributes your assets all at once after death. A trust gives you greater flexibility—you can decide how and when beneficiaries receive their inheritance. For example, you can delay distributions until a child reaches a certain age, create an education trust for college expenses, or provide ongoing support for a loved one with special needs. This control helps ensure your assets are used responsibly and in line with your wishes.

4. Protection in Case of Incapacity

A will only takes effect after death. If you become incapacitated, a will can’t help manage your affairs. With a revocable living trust, your successor trustee can step in and handle your finances without court involvement, ensuring your bills are paid and assets protected if you can’t manage them yourself.

5. Reducing Costs and Delays

Setting up a trust may cost more upfront than a simple will, but it can save your family significant time and expense later. By avoiding probate, your loved ones can access funds quickly without paying court or attorney fees that can add up during probate administration.

6. Avoiding Out-of-State Probate

If you own property in multiple states—say, a cottage in northern Michigan and a condo in Florida—a will requires separate probate proceedings in each state. Placing those properties in a trust allows them to transfer smoothly without multiple court processes, simplifying administration and cutting costs.

7. Protecting Beneficiaries

Trusts can safeguard your beneficiaries’ inheritances from creditors, lawsuits, or poor financial decisions. A spendthrift trust, for instance, keeps inherited assets out of reach from creditors or risky spending, ensuring the inheritance lasts.

8. Peace of Mind

A trust offers the ultimate peace of mind. You maintain control during your lifetime and ensure your wishes are honored privately and efficiently after your death—without burdening your loved ones with court proceedings or delays.

Is a Trust Right for You?

Trusts aren’t necessary for every estate, but they’re often a wise choice for Michigan homeowners, business owners, or anyone with children or privacy concerns. Even with a trust, you’ll still want a “pour-over will” to catch any assets not formally transferred into it.

If you’re considering a trust, working with an experienced Michigan estate planning attorney can help you determine the best structure for your situation.

At Jabbour Law, we help individuals and families across Michigan create customized estate plans that protect what matters most. Contact us today to schedule a consultation and learn whether a trust is right for you.