Is It Neccessary to Have Both a Will and Trust?

April 30, 2025

If you have just a will and no trust, your estate can still be passed on according to your wishes—but there are some limitations and consequences you should understand:


What Happens with Just a Will:


  1. Probate Is Required
    A will must go through         probate, which is a court-supervised process of validating your will, paying debts, and distributing assets. Probate can:
  • Take months or even years.
  • Be expensive (court fees, attorney fees).
  • Be public (anyone can view the will and estate details).


  2. Court Control Over Distribution
           The probate court oversees how and when your assets are distributed. This means less privacy and flexibility.


  3. No Ongoing Asset Management
           A will only takes effect after your death. It doesn’t help manage your assets if you become incapacitated. A trust, on the

          other hand, can provide for you during incapacity without needing a court-appointed guardian or conservator. 


  4. Less Control Over Complex Distributions

           If you want to delay inheritance (e.g., give children money at age 25 instead of 18) or provide ongoing support (e.g.,

           for a special needs child), a trust is better suited. A will can't manage distributions over time—it just transfers

           ownership.


  5. Tax and Asset Protection Limitations
           A will doesn't offer any real protection against estate taxes, creditors, or lawsuits. Certain types of trusts can.


When a Will Might Be Enough:


  • You have a very simple estate.
  • Your total assets are below your state’s probate threshold.
  • You have no minor children and no complex distribution needs.
  • You’re okay with the probate process and your wishes are relatively straightforward.


So, yes, even if you have a trust, you should also have a will. A trust and a will serve different but complementary purposes in estate planning.  Think of the trust as the main tool for managing and distributing your assets, but the will as a safety net to ensure everything is covered.  Rhodes Law, P.A. offers a comprehensive range of professional estate planning services that include wills, trusts, durable powers of attorney, designation of healthcare surrogates, living wills and more. Give our helpful estate planning professionals a call today at (321) 610-4542  to book a free consultation!


You might also like

Estate Planning: Why It's Important and How to Get Started

August 20, 2025
When most people think about estate planning, they imagine it’s only for the wealthy or elderly. But the truth is, estate planning is essential for everyone , regardless of age, wealth, or family status. In simple terms, estate planning is the process of arranging how your assets will be managed and distributed after your death or if you become incapacitated. It’s not just about money—it’s about making sure your wishes are honored and your loved ones are protected. Why Estate Planning Matters Avoids Family Conflicts Without a clear estate plan, families can end up in lengthy and painful legal disputes. A well-drafted plan can help avoid disagreements and confusion during already difficult times. Protects Your Children and Dependents If you have young children, estate planning lets you name guardians to care for them. You can also ensure that children or dependents with special needs are provided for properly. Minimizes Taxes and Legal Fees A good estate plan can reduce estate taxes and help your heirs avoid probate—a costly and time-consuming legal process. Ensures Your Wishes Are Honored Whether it’s how you want your assets divided or decisions about your medical care, estate planning ensures your voice is heard when you can’t speak for yourself. Peace of Mind Knowing that you have a plan in place brings peace of mind—not only to you but to your loved ones. Key Elements of an Estate Plan Here are the basic documents and tools included in most estate plans: Will : Specifies how your property will be distributed and names guardians for minor children. Trust : A legal entity that holds assets on behalf of your beneficiaries; useful for avoiding probate and maintaining privacy. Power of Attorney : Authorizes someone to make financial decisions on your behalf if you become incapacitated. Healthcare Directive (Living Will) : Outlines your medical treatment preferences and appoints someone to make health decisions for you. Beneficiary Designations : Ensure your life insurance, retirement accounts, and other assets go to the right people. When Should You Start Estate Planning? Now. Whether you're in your 20s or your 60s, starting your estate plan today is better than waiting. Life changes—marriage, children, divorce, health issues—all call for updates to your plan. Starting early helps you adapt as needed over time. Tips to Get Started Take Inventory : List your assets—property, savings, investments, insurance, and personal belongings. Define Your Goals : Think about who you want to benefit and how. Work with a Professional : An estate planning attorney or financial advisor can guide you through the legal and tax complexities. Review and Update Regularly : Revisit your plan every few years or after major life events. Estate planning isn't about how much you have—it's about making things easier for the people you care about most. It’s a gift of clarity, security, and peace of mind. Whether you're starting small or need a complex plan, taking the first step is what matters most. Don’t wait. Call Rhodes Law, P.A. at (321) 610-4542 and schedule your consultation and plan today for a more secure tomorrow.!

Hurricane-Proof Your Future

August 5, 2025
Hurricane-Proof Your Future Wednesday August 20th 10am-11am One Senior Place 8085 Spyglass Hill Rd, Viera, FL 32940 RSVP at 321-751-6771 (OSP) or https://www.eventbrite.com/e/1557393057559?aff=oddtdtcreator

Can Anyone Contest a Will or Trust?

July 17, 2025
Yes, someone can contest a will or trust , but there are legal requirements and limitations. Here's a breakdown: Who Can Contest a Will or Trust? Generally, only people who have legal standing can contest: Heirs (like children or spouses) Beneficiaries named in the current or prior versions of the document Anyone who would inherit under intestacy laws if the will/trust were invalid Common Grounds to Contest A person must show legal reasons. Common grounds include: Lack of capacity The person who made the will/trust wasn’t mentally competent at the time. Undue influence Someone pressured or manipulated the person into changing their estate plan. Fraud The will/trust was signed based on lies or deception. Improper execution The document doesn’t meet legal requirements (e.g., not properly witnessed). Forgery The signature is fake or the document was altered. Time Limits (Statutes of Limitations) Timeframes vary by jurisdiction: Wills : Often must be contested shortly after probate starts (e.g., 30 to 120 days). Trusts : Deadlines can vary, often triggered when a trustee notifies beneficiaries. What Happens If a Contest Succeeds? The court may declare the will/trust invalid. The estate may pass according to a prior valid will or state intestacy laws. Note on "No-Contest Clauses" Some wills/trusts have a "no-contest clause" (also called in terrorem clauses). These threaten to disinherit anyone who contests the document—unless they have probable cause . Not all states enforce these clauses. If you think you have a reason to contest a will or trust, it’s best to speak to a probate or estate attorney right away—deadlines can be strict, and the process is legally complex. To learn more, call Ruth at Rhodes Law, P.A. at 321-610-4542 and schedule your consultation!