Planning for your estate can be a daunting task. While it may seem like a grim subject, it is one you should think about sooner rather than later. Estate planning is a way for you to make legal arrangements for your assets and loved ones should something happen to you. One of the most important decisions is determining whether you should create a trust or a will. This blog post will discuss the key differences between trusts and wills in Rhode Island.

What are trusts?

Trusts, in simple terms, are legal instruments that provide control and protection over assets. They can be created by individuals (living trusts) or by wills (testamentary trusts) and managed by a trustee on behalf of the beneficiaries. Trusts are designed to transfer assets securely outside of probate, providing significant tax advantages. Living trusts are created during a person’s lifetime and take effect immediately. They can be revocable or irrevocable and offer flexibility in the transfer of assets. Testamentary trusts are formed after a person's death, funded by their will, and are managed by a trustee.

What are wills?

A will is a legal document that specifies how a person's assets will be allocated after their death. To be valid, a Rhode Island will must be in writing, signed by the testator (the person who created the will) and two witnesses. A will allows you to appoint an executor (the person who will administer the estate), designate beneficiaries, and establish guardianship for minor children. Unlike trusts, wills must go through the probate court process, which can be costly and time-consuming.

How do you avoid probate?

Probate is a legal process in which a court oversees and validates a will, ensuring that the decedent's assets are distributed to the rightful heirs and beneficiaries. Probate can be a lengthy and expensive process, which is why many individuals choose to avoid it altogether. One way to bypass probate is by creating a living trust. Assets held in a trust are not subject to probate, allowing for a smooth and efficient transfer of property. Other options include joint ownership of property, naming beneficiaries on assets, and establishing payable-on-death accounts.

How can an attorney help?

Estate planning can be a complex and intimidating process. An experienced estate planning attorney can help guide you through the process and ensure that your wishes are accurately reflected in your legal documents. An attorney can also provide you with advice regarding tax planning, drafting a will or trust, and strategies for avoiding probate. They can help you identify your goals and establish a plan that will best serve your interests and those of your loved ones.

Choosing between a trust and a will is a significant decision that should be made with careful thought and consideration. While both have their benefits, each may better suit the unique needs of a particular situation. By working with an experienced estate planning attorney, you can ensure that your wishes are accurately reflected in your legal documents and that your assets are protected. By taking the time to plan, you can provide your loved ones with the peace of mind they deserve.