Trusts vs. Wills
What’s the Right Fit for You and Your Family?
When it comes to planning your estate, the first big question many families face is whether they need a will, a trust, or both. It can feel like a lot to sort through—but you don’t have to figure it out alone. At our Carlsbad law office, we’ll walk you through the pros, cons, and real-life impact of each option.
We believe in clear, pressure-free conversations. Andy Fesler will take the time to understand your situation—your family, your assets, and your long-term goals—and help you make informed choices that protect your wishes and ease the burden on your loved ones.
Comparing Wills and Trusts: What You Need to Know
Wills
A will is a legal document that outlines who should receive your property when you pass. It also allows you to name a guardian for your minor children and express wishes for your final arrangements. In California, even with a will, your estate typically must go through probate.
Trusts
A trust is a more flexible tool that allows your assets to be transferred directly to beneficiaries—without the delays, costs, and publicity of probate. You remain in control of your assets while you’re alive, and your named trustee takes over when needed.
Pour-Over Will
When a trust is created, a pour-over will is often included to catch any assets not formally added to the trust during your lifetime. This ensures everything ends up in the trust and is distributed according to your wishes.
Flexibility & Control
Trusts allow for greater control over how and when assets are distributed, which can be helpful in blended families, for minor children, or when special care is needed for beneficiaries.
Privacy & Probate Avoidance
Unlike wills, trusts remain private and typically don’t require court involvement. If privacy and simplicity are priorities, a trust may be the right choice.
Frequently Asked Questions About Trusts vs. Wills
Start with Clarity, Not Confusion
Do I need both a will and a trust?
In many cases, yes. A trust manages your assets and avoids probate, but a will is still important for naming guardians for children and addressing anything not covered by the trust. Andy will help you decide what combination fits your needs.
What are the main advantages of a trust?
A trust allows your loved ones to avoid probate, maintain privacy, and access your assets more quickly. It also provides more control over how and when your assets are distributed, which is especially helpful in complex family situations.
Isn’t a will easier and less expensive?
Wills may seem simpler, but probate can make them more expensive and time-consuming in the long run. We’ll explain the trade-offs clearly so you can weigh both sides with confidence.
Can I update my trust or will later?
Absolutely. Life changes—and your estate plan should be able to change with it. We offer ongoing support to help you keep everything current and aligned with your wishes.
What happens if I don’t have either?
Without a will or trust, California’s default laws determine how your assets are divided—and who gets what. This can lead to confusion, delays, and outcomes you wouldn’t have chosen. Taking action now gives your family clarity later.
