"Having the resources of Estate Planning Legal Services made it easier for me to deal long distance with my cousin’s affairs when he could no longer care for himself. The law firm had drawn up a Trust for him several years before and has been very responsive and cordial in taking care of our needs. Having a Trust gives him peace of mind and me, as the Trust successor, the assurance that his estate will be distributed the way he wanted and without the cost and aggravation of going through probate."
— D.R., Cortland, N.Y.

"The offer of a free consultation seemed like a good idea and I’m glad I signed up. The attorney who came to see me was low-key and explained everything in terms I could understand. I didn’t know about Trusts, but had heard that going through probate is not a pleasant process. Now with a Trust, I have peace of mind knowing that everything is in place for my kids."
— S.F., Wixom, Mich.

After dealing with the messy situations left by relatives who only had simple Wills, I’m a firm believer that a Trust is the way to go. Family members don’t need any extra burden when going through the grieving process, nor extra costs that could be associated with probate. Most of all, having the bases covered in advance gives me peace of mind to know that relatives can’t fight over who gets what. I have received prompt and courteous attention from the Estate Planning Legal Services staff whenever I have needed to change or update the Trust."
— A.B., Dearborn, Mich.

Wills vs. Trusts

Estate
& Family
Costs 		With a Will
For a will to have legal effect, the entire estate involved must be probated!		 With a Trust
When drafted and funded properly, a trust allows an estate to avoid Probate!
Financial Expenses Probate attorney’s fees. Additional probate fees often include the state inventory fee, accounting, appraisal, auction, personal representative and advertising fees. Because a trust allows an estate to be transferred without the probate process, the family suffers no financial loss from probate expenses. Trust and estate planning documents cost a mere fraction of the probate fees assessed to families with a will.
Delays State law requires estates in probate to remain open for a period of time. During that time, anyone wishing to file claims on the estate may do so. The result is an average delay of 6 to 18 months, with larger estates often taking much longer. With no court involvement, families control the schedule of distribution of the trust estate. Therefore, a trust can be settled at the family’s earliest convenience.
Privacy To have any legal authority, a will must be proved valid in probate court. When a family probates a will, the document itself, the worth, and the content of the estate all become public record. The result is anyone may review or purchase copies of an estate’s probate file and decide whether to file a claim. Trusts are private family documents. Even when proof of a trust’s existence is recorded, information on the contents and worth of the estate, how it is divided and to whom it is distributed, all remains confidential.
Control When a will is submitted to probate, the judge determines who distributes the estate, who receives the assets, and how those assets are divided. The “settlors” or creators of a revocable living trust determine the party controlling their estate, who is known as their “trustee.” As settlors, they determine the beneficiaries, or who shall receive their estate. The courts, judges, and attorneys have no say in these important family decisions.
Guardian Planning A will is only effective at death. Failure to properly plan for guardianship during one’s lifetime can result in costly probate proceedings. A trust and accompanying estate planning documents can eliminate or minimize a family’s need for expensive probate guardianship proceedings.