Ask an Advisor: Do I Really Need a Trust?
Ask an Advisor: Do I Really Need a Trust?
Tanza Loudenback, CFP® Mon, February 7, 2022,
I retired a few years ago and have a will and power of attorney, a reasonably good-sized net worth, mutual funds, annuities, cash, a home with no mortgage and a long-term health policy. I’ve read about trusts, but I’m still not clear on the pluses and minuses of setting one up. Why is that better than just the will and power of attorney? – Michael
I think many people ignore trusts because they seem elite. But you don’t have to be a multi-millionaire to set one up. Reader, it sounds like you’ve already created a solid estate plan with a will and a power of attorney. But these tools on their own, and without a larger plan, have limitations. Here’s why it might still make sense to get a trust. A financial advisor can help you create a financial plan that leaves a legacy to your heirs.
Why a Will Might Not Be Enough
A will is like a basic instruction manual. It outlines how the assets that don’t get transferred via a designated beneficiary should be distributed upon your death.
However, a will has to be verified by your state’s court system in a process called probate, which can be long and costly for your heirs. This is doubly true if you own property in multiple states. Additionally, probate also means your estate becomes public record.
A power of attorney gives a trusted advisor or relative the legal authority to make decisions about your property, finances or healthcare, but only while you’re still alive. That last part is crucial: Upon your death, the agreement dissolves entirely. So, if you want your assets to pass to your heirs swiftly, specifically and privately, then a trust is worth considering.
The Benefits of Using a Trust
There are several situations in which a trust is better than just a will and power of attorney.
You have multiple heirs. If you plan to pass wealth to more than one person, such as your spouse, adult children or grandchildren, a trust can streamline the transfer of assets and establish if/then rules. This can be difficult to clearly and legally explain in a will. There are also specific trusts you can set up to pass all of your assets to your spouse at your death and allow you to decide who will get what’s remaining at your spouse’s death. You can’t guarantee this type of specificity with a will.
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