Do I Actually Need a Trust, or Is a Will Enough?
When most people think about estate planning, the first document that comes to mind is a will. And in many cases, a properly drafted will is a critical cornerstone of any estate plan. But what many families don’t realize is that a will and a trust are not interchangeable — and depending on your goals, relying on a will alone can leave your loved ones with delays, costs, and court involvement that could have been avoided.
In this post, we’ll break down the key differences between wills and trusts, explain when a will may be enough, and highlight the situations where a trust can provide substantial additional benefits — particularly in elder-law and Medicaid planning.
What Does a Will Actually Do?
A will is a written set of instructions that tells the court:
Who should receive your assets after death
Who should serve as executor (the person responsible for handling the estate)
Who should be appointed guardian of minor children
However, it’s important to understand one major limitation:
✅ A will only controls assets that are still in your name when you pass away
❌ It does not avoid court involvement — in fact, it requires it.
This leads to the next key concept.
The Probate Problem
A will only becomes effective through probate — the legal court process that validates the will and authorizes the executor to act.
Probate can involve:
Court filings and strict legal requirements
Delays in accessing money and property
Potential disputes among family members
Legal fees, court fees, and administrative costs
A public record of your assets and beneficiaries
Even in relatively “simple” estates, probate is rarely fast — and if there are complications (like family conflict, missing documents, multiple properties, or unclear asset ownership), it can take significantly longer.
What Does a Trust Do Differently?
A trust is a legal entity that can own your assets. When properly created and funded, a trust can allow your assets to pass directly to your beneficiaries, usually without probate.
In practical terms, a trust may allow:
Faster transfer of assets after death
Ongoing management of money for beneficiaries
Avoidance of probate court
Privacy and reduced risk of disputes
Protection planning for incapacity
Most importantly, in the elder-law context, certain trusts can play a major role in Medicaid asset protection planning.
When a Will May Be Enough
Not everyone needs a trust — and a will may be enough if:
Your estate is relatively small
You have clear, simple wishes
You don’t own real estate
You aren’t concerned about probate delays
You aren’t planning for Medicaid or long-term care protection
Your assets already pass outside probate (for example, through beneficiary designations or joint ownership)
That said, even many “simple” estates run into preventable problems because families don’t realize what actually triggers probate — and how common probate assets are.
When a Trust Is Usually the Better Option
A trust may be strongly recommended when one or more of the following applies:
1. You Want to Avoid Probate
If you want your family to avoid court delays and expenses, a properly funded trust can often accomplish that.
A will alone does not avoid probate — it guarantees probate.
2. You Own Real Estate
Real estate is one of the most common reasons people benefit from trusts. If your home is only in your name when you pass away, it will likely go through probate.
A trust can allow your home to transfer smoothly without court involvement.
3. You’re Planning for Incapacity
A will only works after death. It does nothing if you’re alive but incapacitated.
With a trust, a successor trustee can often step in immediately if you become unable to manage your affairs — avoiding expensive and stressful court intervention.
4. You Want Stronger Long-Term Care / Medicaid Protection
One of the biggest reasons elder-law clients use trusts is asset preservation.
Many families wait too long and only start thinking about planning after a hospitalization or decline in health. At that point, options become limited.
The right trust strategy — set up at the right time — can help:
protect assets from nursing home costs
reduce Medicaid eligibility issues
preserve the family home for children
avoid estate recovery complications
Not all trusts help with Medicaid planning — and some strategies can backfire if not structured correctly. This is where experienced counsel matters most.
Common Misunderstandings
Many people believe:
“If I have a will, my family avoids court.”
“My spouse automatically gets everything without hassle.”
“Trusts are only for the wealthy.”
“I can just add my child to the deed.”
In reality, these assumptions can create major legal and financial problems — especially when Medicaid, taxes, creditor issues, divorce, or family conflict are involved.
A Simple Way to Think About It
A will answers:
➡️ “Who gets my assets after probate?”
A trust answers:
➡️ “How can my family receive and manage assets without probate — and with added protection and control?”
Both tools can be valuable. But the right choice depends on your assets, family structure, and elder-law goals.
How Moskowitz Legal Group Can Help
At Moskowitz Legal Group, we help clients choose the right estate-planning structure — not the most complicated one.
Our approach is practical and strategic. We assist with:
Determining whether a trust is necessary (or whether a will is enough)
Trust creation and proper funding to avoid probate issues
Medicaid planning strategies designed to preserve assets
Coordinating deeds, beneficiary designations, and account titling
Updating outdated wills/trusts to match current law and family needs
Preventing common mistakes that lead to guardianship proceedings or Medicaid penalties
Estate planning is not just about drafting documents — it’s about ensuring your plan actually works when your family needs it most.
If you’re wondering whether you truly need a trust or if a will is enough, we can help you make the right decision with confidence — especially if long-term care planning is a concern.
Final Word
A will is often essential — but it may not be sufficient.
A trust can help families avoid probate, preserve privacy, manage incapacity, and protect assets for loved ones. But trusts must be drafted and implemented correctly — and in elder-law matters, the stakes are too high for guesswork.
If you’re considering your options, the best next step is to speak with an experienced elder law attorney who understands not only estate planning, but also the Medicaid and long-term care implications that can dramatically affect your family’s future.
