WILL OR TRUST ESTATE PLANNING, WHICH IS RIGHT FOR ME?

Gabriel Katzner - May 26, 2015 - Estate Planning

In this article, I will explore the question “Will or trust estate planning, which is right for me?”  I will explain the difference between a Will-based plan and a Trust-based plan so you can make an educated decision for your family about what is best for you and, ultimately, for them.

A Will-based plan is an estate plan that does not include a Living Trust to hold title to your assets.  If you work with us and choose our Family Plan, which is a will-based plan, your legal documents will include a Health Care Directive, Power of Attorney, a Will, and, if you have minor children, a Kids Protection Plan.

A Trust-based plan is an estate plan that does include a Living Trust to hold title to your assets during your lifetime and to provide for ease of transfer of those assets in the event of your incapacity or death.  If you work with us and choose our Trust Plan or Wealth Plan, your legal documents will include all of the documents included in the Family Plan PLUS one or more Living Trusts.

Will vs Trust – What’s The Difference & Which Option is Right for You?

The difference between a Will-based plan and a Trust-based plan is that without a Trust in place your family would have to go to court to get access to your assets in the event of your incapacity or death.

Your Will indicates WHO you want to have access to those assets and how you want them distributed, but it does not keep your family out of the court process.  Going through probate (or guardianship in the event of incapacity) is expensive, time-consuming, totally public, and unnecessary.  And that’s what happens when you have only a Will in place and not a Trust.

When you have a Trust in place, there is a bit more work for you to do upfront because you need to make sure that all of your assets are owned in the Trust throughout your lifetime (or insurance assets are beneficiary designated to the Trust), but we help you with that or even do it for you.

And, with our regular review process or membership plan, we continue to make sure your assets are owned the right way throughout your lifetime, while also ensuring your plan stays up to date as your life changes, your assets change, and even the law changes.

During your Family Wealth Planning Session, we will walk you through an assessment of whether a Will-Based Plan or Trust-Based Plan is right for you based on the specifics of your family circumstances, what you own now, and where you are going in the future.  One thing you can be sure of is that we will help you make the right decisions every step of the way. Contact us for more information.

You can schedule a call with us or reach us directly at 855.528.9637 to learn more about how best to plan today to protect those most important to you.

Gabriel Katzner

In 2002, Gabriel Katzner, the founding partner of Katzner Law Group received his Juris Doctorate with honors from the Fordham University School of Law. After spending the first 7 years of his legal career
practicing at Cahill Gordon & Reindel LLP, an international law firm based in New York, he went on to found his own firm.

Gabriel Katzner has a track record, along with a vast number of outstanding public reviews across platforms, of working hard on behalf of individuals who need assistance with comprehensive
estate planning services. Finding a lawyer who is knowledgeable about revocable and irrevocable trust planning, guardianship for minor children, asset protection, trust administration and probate,
as well as Medi-Cal / Medicaid planning is extremely important.

Years of experience: More than 17 years
Locations: New York, NY / San Diego, CA



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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. Furthermore, it has received approval from attorney Gabriel Katzner, an experienced estate planning lawyer with over 17 years of legal expertise.

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