- Oliver Hadzic Law
I have a will. Why would I want a living trust?
Contrary to what you’ve probably heard, a will may not be the
best plan for you and your family. That’s primarily because
a will does not avoid probate when you die. A will must be
validated by the probate court before it can be enforced.
Also, because a will can only go into effect after you die, it
provides no protection if you become physically or mentally
incapacitated. So the court could easily take control of your
assets before you die—a concern of millions of older Americans
and their families.
Fortunately, there is a simple and proven alternative to a
will—the revocable living trust. It avoids probate and lets
you keep control of your assets while you are living—even
if you become incapacitated—and after you die.