Do You Need a Trust?

Estate planning isn’t just about writing a will—it’s about making sure your legacy is protected and your loved ones are cared for with clarity and ease. While a will outlines your wishes after you’re gone, it doesn’t always go far enough, especially when your situation involves more complexity. That’s where a trust can make all the difference.

If you're wondering whether you need more than a simple will, this article highlights three key signs that it’s time to consult with an estate lawyer in San Antonio about setting up a trust.

Understanding the Difference Between a Will and a Trust

A will is a legal document that goes into effect after your death. It allows you to name beneficiaries, assign guardians for minor children, and choose an executor to carry out your wishes. Read more on a 

A trust, on the other hand, takes effect as soon as it's created. It holds and manages assets during your lifetime and can continue to do so after you pass. One of its biggest advantages is that it avoids probate—a court process that can delay inheritance and expose your private affairs to the public.  

To learn more about the differences between probate and trust, read our article, There Is a Difference between Probate and Trust Administration

Why Consider a Trust?

Because a trust offers greater flexibility, privacy, and control. In certain cases, it becomes not just a helpful tool—but an essential one.

1. Trusts Avoid Probate and Keep Things Private

Probate in Texas can be a lengthy and expensive legal process. If you only have a will, your estate must go through probate before your assets are distributed. This process is public, meaning anyone can access details about your estate and beneficiaries. 

A trust keeps your affairs private. Your assets transfer directly to your loved ones without court involvement, saving time, reducing legal fees, and preserving family privacy.

A trust may be right for you if:

• You value discretion in family matters.
• You want your heirs to avoid probate delays.
• You prefer a streamlined transition of assets after death.
  

Read more on trusts in our article, Does a Trust Have to Be Funded to Be Valid?

2. Trusts Protect Real Estate Owned in Multiple States

Real estate ownership in multiple states adds layers of complexity. With only a will, your estate could face probate proceedings in each state where property is located—each with its own rules, court costs, and delays.

A trust simplifies this process by consolidating your assets under one legal structure. Instead of multiple court cases, your trustee can manage all property transitions smoothly and privately.

You may need a trust if:

• You own vacation property or investment real estate across state lines.
• You want to avoid multiple probate processes for your family.
• You’re looking for an efficient way to handle multi-state asset distribution.

3. Trusts Protect Vulnerable Beneficiaries 

If you have minor children, a family member with special needs, or heirs who may not be financially responsible, a will alone may not provide the safeguards they need.

A trust allows you to control how and when assets are distributed. You can specify conditions for inheritance, set up long-term financial support, or ensure that government benefits are preserved for special needs beneficiaries.

A trust might be necessary if:

• You have young children who aren’t ready to manage an inheritance.
• You want to provide for a loved one with a disability.
• You’re concerned about an heir mismanaging their share of the estate.

Common Types of Trusts to Consider

When deciding to set up a trust, it’s helpful to understand the various types available and how each can serve your unique goals. 

A revocable living trust is one of the most popular options—it allows you to retain control over your assets during your lifetime and easily make changes as your circumstances evolve. 

An irrevocable trust, on the other hand, offers strong protection from creditors and potential estate tax savings, but it cannot be altered once established. 

Families with a disabled loved one may benefit from a special needs trust, which provides financial support without affecting eligibility for government benefits. 

There are also charitable trusts, which enable you to support a meaningful cause while gaining potential tax advantages. 

Working with an experienced estate lawyer in San Antonio can help you determine which trust structure best supports your family’s long-term plans.

Consult an Estate Lawyer in San Antonio

Every family is unique, and your estate plan should reflect that. A trust offers powerful advantages for those with complex needs—but it’s not right for everyone. That’s why it’s important to consult with an experienced estate lawyer in San Antonio who can help you evaluate your situation and craft a personalized plan.

Request a consultation with McCammon Law for guidance every step of the way whether you’re looking to avoid probate, protect your property, or secure your children’s future.

Key Takeaways

• A Will acts like a court document: Wills do not avoid probate, but instead provide instructions to the probate court on how to distribute your assets.
• Trusts provide probate-free asset transfer: Assets in a trust pass directly to beneficiaries, avoiding court delays and public scrutiny.
• Irrevocable trusts offer asset protection: These trusts shield wealth from creditors and lawsuits, making them ideal for high-net-worth individuals.
• Special needs trusts preserve benefits: For disabled beneficiaries, these trusts ensure financial support without affecting Medicaid or Social Security eligibility.
• Trusts can minimize estate taxes: Proper trust planning reduces tax burdens for heirs, preserving more wealth for future generations.
• Not everyone needs a trust: Smaller estates may have their needs covered by a simple will with beneficiary designations.

Reference: Charles Schwab (Oct. 19, 2023) “We Asked Our Experts: Do You Need a Trust?”