• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • HOME
  • WHO WE ARE
    • About Our Firm
      • Communities We Serve
        • Kansas
          • Kansas City, KS
          • Lansing, KS
          • Leavenworth, KS
          • Leawood, KS
          • Lenexa, KS
          • Mission, KS
          • Olathe, KS
          • Overland Park, KS
          • Paola, KS
          • Prairie Village, KS
          • Shawnee, KS
          • Topeka, KS
        • Missouri
          • Gladstone, Mo
          • Independence, MO
          • Kansas City, MO
          • Lee’s Summit, MO
          • Liberty, MO
    • Attorney And Staff Profiles
    • Speaking Events
  • Estate Planning FAQs
    • Estate Planning Basics
    • Revocable Living Trusts
    • Trust Funding and Beneficiary Designations
    • Probate and Post-Death Administration
    • Real Estate, Deeds, and Trusts
    • Trustee and Executor FAQs
    • Business Interests, LLCs, and Special Assets
    • Digital Assets After Death
    • Guardianship, Conservatorship, and Court Questions
    • Working With Our Office
  • SERVICES
    • Asset & Business Planning
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • Loss of a Loved One
    • Power of Attorney
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Resources
    • Gladstone Elder Resources
    • Kansas City Elder Resources
    • Lenexa Elder Resources
    • Missouri and Kansas Elder Resources
    • Olathe Elder Resources
    • Overland Park Elder Resources
    • Estate Planning
      • An Overview of the Estate Administration Process
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
      • Will vs. Trust: Which One Is Right for You?
    • Free Estate Planning Worksheet
    • Free Workshops
    • Frequently Asked Questions
      • Asset Protection Planning
      • Elder Law
      • Estate Planning
      • Estate Planning for Young Families
      • Estate Planning & Remarriage
      • Families Without an Estate Plan
      • Family Owned Business & Farm
      • Incapacity Planning
      • In Home Elder Care
      • IRA Inheritance Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trust
      • Medicaid Planning
      • Retirement & Pet Planning
      • Special Needs Planning
      • Trust Administration & Probate
      • Trusts
      • Wills
    • Presentations
    • Probate and Trust Administration
      • Probate Resources
        • Gladstone Probate
        • Kansas City Probate
        • Lenexa Probate
        • Olathe Probate
        • Overland Park Probate
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration Checklist
      • Trust Administration & Probate Definitions
    • Published Books
    • Video Resources
  • Workshops
  • Reviews
    • Our Reviews
    • Review us
  • CONTACT US
  • Blog

Gaughan & Connealy Estate Planning Attorneys

Creating Comprehensive Estate Plans in Kansas & Missouri

Connect with us today(913) 262-2000

Book Your Consultation
Home » Will vs. Trust: Which One Is Right for You?

Will vs. Trust: Which One Is Right for You?

A lot of people automatically think that a simple will is the document you should use to pass along your legacy. In fact, there are some drawbacks and limitations when you use a will, so a trust can be a better choice under some circumstances.

In this legal guide, we look provide clarity as we answer the trust versus will question.

Estate Administration

If you use a will, the executor would act as the administrator after you are gone. You name the executor when you draw up the will. When the time comes, the executor cannot follow your instructions and distribute the assets independently.

The will must be admitted to probate, and a court-supervised proceeding would unfold. It will typically take seven to 18 months for probate to run its course in most jurisdictions. No inheritances are distributed during this interim, so the heirs have to play a waiting game.

There are ongoing administrative expenses along with a filing fee, the executor’s remuneration, appraisal and liquidation charges, and potential accounting and legal fees. These costs add up to between three percent and seven percent of the estate in most cases.

Since probate is a public proceeding, anyone who has an interest can access probate records to pry into the details. This loss of privacy is generally disconcerting, and the information can cause hard feelings among interested parties.

Unless you include a testamentary trust, the inheritances would be distributed in lump sums. This can be a source of concern if you are leaving money to someone who is not a good money manager.

Revocable Living Trust

The most commonly used alternative to a will is the revocable living trust. As the name would indicate, you retain the right of revocation when you establish this type of trust. You would act as the trustee, so you would have ongoing control of the trust’s assets.

In the trust declaration, you would name a successor trustee to assume the role after your passing. This can be someone you know who is equipped to handle relatively complicated financial and administrative tasks, and you can alternately use a professional fiduciary.

Your heirs would be the beneficiaries of the living trust. You would be able to dictate the terms of the distributions, so you would not have to allow for lump sum payouts all at once.

The trust would become irrevocable after your death, and the principal would be out of the reach of the beneficiaries’ creditors. Distributed assets would be in play, but you can instruct the trustee to mete out limited incremental distributions that can be used relatively quickly.

Probate is not a factor when a living trust is utilized to transfer assets, so all the hassles would be avoided.

Irrevocable Trusts

There are a few different reasons why an irrevocable trust can be preferable to a will as an asset transfer vehicle. You surrender incidents of ownership when you have this type of trust, which is a fancy way of saying that the assets are no longer in your own name from a legal perspective.

As a result, they would not be counted if you apply for Medicaid to pay for long-term care when you are an elder. You could alternately use an irrevocable trust to provide assistance to someone who is relying on need-based government benefits.

High net worth individuals who are exposed to the federal estate tax use these trusts, and an irrevocable trust can be part of an estate plan for a parent who is getting remarried.

These are a handful of the utilizations, but there are a number of others.

Schedule a Consultation Today!

As you can see, there are many tools in the estate planning toolkit. When you work with our firm, we will gain an understanding of your situation and make appropriate recommendations.

Ultimately, we can work with you to develop a custom estate plan that is ideal for you and your family. If you are getting to get started, you can send us a message to request a consultation appointment, and we can be reached by phone at 913-262-2000.

Primary Sidebar

Gaughan & Connealy Estate Planning Attorneys

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Follow Us

  • Menu Item
  • Menu Item
  • Menu Item
  • Menu Item
  • Menu Item
  • Menu Item

Testimonials

star
default image

Chris and his staff have been very accommodating, answering every question, e-mail or phone call in a timely manner. They made our Estate planning easy and comfortable.

– Glenda Testimonial August 21, 2020

default image

Casey Connealy helped us with our will and estate planning. He is thorough, knowledgeable and fun!

– Kathy Testimonial August 21, 2020

<< Prev
Next >>
  

Where We Are

Gaughan & Connealy Estate Planning Attorneys
Gaughan & Connealy, 4400 College Boulevard #190, Overland Park, KS 66211
Phone: 913-262-2000
Secondary phone: 816-974-3030
Fax: (913) 904-1348

See Larger Map Get Directions

Map

midwest_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM

Footer

  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect to us

  • Menu Item
  • Menu Item
  • Menu Item
  • Menu Item
  • Menu Item
  • Menu Item
footer-logo

Gaughan & Connealy
Estate Planning Attorneys
All Rights Reserved.
Attorney Advertisement

© 2026 American Academy of Estate Planning Attorneys, Inc.