By: Mid America Law Practice, LLC September 25, 2025

Do I Need Both a Will and a Trust? Here’s Why You Might

What Is a Will and Why Do You Need One?

A will, also called a last will and testament, is one of the most common estate planning documents. It is a legally binding statement of your wishes that takes effect after you pass away.

A well-drafted will can:

Specify who inherits your property, money, or personal belongings.
Name guardians for your minor children.
Appoint an executor to manage your estate.
Include instructions for your funeral, burial, or cremation.

However, a will has its limitations. One of the biggest is that it must go through probate — a court-supervised process of validating the will and distributing assets. Probate can be slow, public, and expensive, depending on your state’s laws.

This means that while a will is essential, relying on it alone may leave your family facing delays, legal fees, and less privacy.

What Is a Trust and How Does It Work?

A trust is another estate planning tool, but it works very differently from a will. Instead of simply stating your wishes, a trust is a legal arrangement that holds and manages your assets during your lifetime and after your death.

The most common type is a revocable living trust, which allows you to:

Avoid probate entirely, saving your family time and money.
Keep your affairs private since trusts are not public records.
Protect your assets if you become incapacitated.
Decide how and when your heirs receive their inheritance — for example, gradually over time or for specific needs like education.

For a trust to work, it must be funded. That means your property, bank accounts, or investments need to be re-titled in the name of the trust. Otherwise, those assets may still need to go through probate. Learn more about trusts, wills, and estate planning from the American Bar Association

Do You Really Need Both a Will and a Trust?

Here’s the big question: Do you need both a will and a trust? For many people, the answer is yes.

That’s because each tool covers different responsibilities:

What a Will Does That a Trust Doesn’t:

Names guardians for your minor children.
Serves as a backup to catch any assets not included in your trust.

What a Trust Does That a Will Doesn’t:

Avoids probate, saving your heirs time and money.
Protects your privacy since it doesn’t go through court.
Allows someone to manage your affairs if you become incapacitated.
Offers more detailed control over when and how your heirs receive assets.

Together, they form a safety net. The trust acts as the primary tool for managing your assets, while the will fills in the gaps. Compare wills, living trusts, and living wills in this U.S. Bank guide

Who Should Consider Having Both?

Not everyone needs both, but there are many situations where having both a will and a trust is highly recommended. You should consider using both if:

You own property or financial accounts in more than one state.
You want to avoid probate and keep your estate private.
You have minor children who need a legal guardian.
You have a blended family and want to prevent disputes.
You want to control distributions, such as gradual inheritance or restricted use.
You have a beneficiary with special needs.
You want someone you trust to manage your affairs if you cannot.

If any of these apply, a combined will and trust plan can save your family stress, conflict, and unnecessary costs.

Think of Them as a Team

A good way to understand the relationship between a will and a trust is to think of them as a team working together:

The trust is the main player, managing and distributing your assets during your lifetime and after.
The will is the support system, handling anything not included in the trust and ensuring guardianship for your children.

By using both, you create a complete estate plan that ensures your wishes are honored while also simplifying legal processes for your loved ones.

Why This Matters for Your Family

Estate planning isn’t only about wealth. It’s about control, clarity, and care for the people you love most. Without a proper plan, your family may face delays, financial costs, or even disputes in court.

Having both a will and a trust gives you peace of mind knowing:

Your children will be cared for by the guardians you choose.
Your assets will be distributed privately and efficiently.
Your wishes will be respected even if you cannot make decisions yourself.
Your family avoids unnecessary stress during an already difficult time.

What Should You Do Next?

If you’re wondering whether you need both a will and a trust, the best step is to talk with an experienced estate planning attorney. Laws vary by state, and the right plan depends on your personal circumstances.

Here at Mid America Law Practice, we help individuals and families create customized estate plans that fit their needs. From drafting wills to setting up trusts, we make sure everything is handled so you can focus on what matters most.

👉 Visit us at www.midamericalaw.com to schedule your free consultation today.