When people hear the word “Trust,” they often picture something complicated, cumbersome, or reserved for the ultra-wealthy. In reality, Trusts are incredibly practical tools for everyday families – and in many cases, they’re far more effective than a simple Will. Although Wills serve an important purpose, a well-drafted Trust can offer protections and flexibility that a Will simply can’t provide. Here are five key reasons why a Trust may be the better choice for your estate plan.
- Trusts Avoid the Lengthy, Expensive Probate Process
Probate is the legal process of settling an estate – and it’s rarely quick or inexpensive. Even in straightforward cases, probate can take months. In more complicated situations, it can drag on for a year or longer, tying up assets your family may need right away. If your estate plan consists of only a Will, all assets owned in your sole name must be probated after your death in order to pass to your beneficiaries – even though those beneficiaries were named in the Will. The beneficiaries can only receive your assets after the probate process is complete. Typically, that takes a minimum of one year, but it could take much longer depending on complications like creditors who may make claims against your estate.
Because assets held in a Trust are not subject to probate, your beneficiaries can receive distributions much faster. There’s no waiting for a Court to appoint a Personal Representative or approve an accounting. Simply put, Trusts make things smoother, faster and more efficient for the people you leave behind.
- Trusts Keep Things Private
As mentioned above, one of the biggest advantages of a Trust is that, if drafted correctly, it operates entirely outside the court system. Part of the probate process is submitting your Will, along with the value of the assets in your probate estate, to the probate court. Probate filings are public record, meaning anyone can read your Will, the value of your estate, and even the details of family disputes that may arise.
A Trust, on the other hand, allows your assets to pass directly to your beneficiaries without court oversight and court filings. That keeps your financial information private and spares your loved ones from unnecessary paperwork, delays, and stress.
- Trusts Allow for Estate Tax Planning
Estate tax planning is another area where Trusts really shine. Your taxable estate consists of the combined value of all your financial accounts (checking, savings, brokerage, retirement, etc.), plus the equity in your real estate, and – here’s the big kicker – life insurance proceeds. In 2026, the federal estate tax exemption is $15 million, which does not affect most people. However, the Massachusetts estate tax exemption is $2 million. This means that if your total taxable estate is valued above $2 million at your death, your estate will owe an estate tax.
If you’re married, there is no estate tax due on the death of the first spouse, even if that spouse’s assets are over $2 million. However, on the death of the second spouse, 100% of the assets in that spouse’s name (often including leftover assets from the first spouse) are includable in the second spouse’s taxable estate. For example, if you have a $1 million life insurance policy, your spouse has a $1 million life insurance policy, you have $600,000 of equity in your house, and you have $400,000 in investments and retirement accounts, your taxable estate is somewhere around $3 million. This would require payment of approximately $82,000 in Massachusetts estate tax on the second spouse’s death.
If you’re married, Trusts can include estate tax savings provisions that can minimize or even eliminate these estate taxes. For married couples, certain Trust structures can preserve exemptions and reduce the overall tax burden. A Will alone offers very limited options for this kind of planning. If you’re anywhere near that $2 million threshold, a Trust can be a powerful tool to protect more of what you’ve worked so hard to build.
- Trusts Can Protect Assets for Your Children
Estate planning isn’t just about deciding who gets what – it’s about how, when, and under what conditions your assets are passed to your beneficiaries. Many parents are uncomfortable leaving their children a large inheritance outright, and for good reason. Once assets are distributed directly to a child, those assets become vulnerable to future creditors, lawsuits, divorces, or even poor financial decisions.
With a Trust, you have options for how to distribute assets to your children. One option, which allows for much more protection than an outright distribution, is to hold your children’s inheritance in Trust for their lifetimes. This type of protected distribution allows your child to use the assets, while keeping them out of reach of potential future creditors. This way, you’re able to give your children a type of asset protection that they can’t give themselves. It’s a smart way to provide support without unintentionally creating risk.
- Trusts Allow for Supplemental Needs Planning
If you have a beneficiary with a disability or someone receiving government benefits such as SSI or Medicaid, a Trust is essential. Leaving assets outright – or even through a Will – can inadvertently disqualify that person from critical benefits by pushing them over the required asset threshold for some public benefits.
Make sure to plan ahead by creating Trust that, upon your death, holds this beneficiary’s inheritance in a Supplemental Needs Trust specifically designed to enhance the beneficiary’s quality of life without jeopardizing their eligibility for government programs. This allows you to provide meaningful support while preserving access to benefits that may be worth far more than the inheritance itself.
While Wills still have their place in estate planning, Trusts offer greater control, privacy, flexibility, and protection. From avoiding probate and minimizing taxes to safeguarding your children and planning for special needs, a well-drafted Trust can do far more than a Will ever could. At its core, estate planning is about taking care of your family – even when you’re no longer here to do it yourself. A Trust helps ensure that care continues seamlessly, thoughtfully, and exactly the way you intended.
Attorney Leah A. Kofos is an attorney with the Dedham firm of Samuel, Sayward & Baler LLC, which focuses on advising its clients in the areas of Trust and estate planning, estate settlement, and elder law matters. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information visit ssbllc.com or call 781-461-1020.
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