When you create an estate plan with iWillandTrust.com you can view our definitions and videos comparing living trust vs wills. You can then make a choice whether you want to create a simple will, a will with a testamentary trust, or a living trust. Watch the video on the right to understand the difference between living trusts and wills.
In short, a simple will is nice and simple, short, and works well to govern how your assets will be distributed. It does not allow slow distribution of your assets, creditor protection for your beneficiaries, nor does it avoid probate. Although, if your assets are titled jointly with your spouse, a probate may only happen after you are both gone. A will with a testamentary trust is a will with a trust written in that comes to life only after your death; it can provide slow distribution of your assets and creditor protection for your beneficiaries, but it will not avoid probate. Lastly, a living trust can provide slow distribution of your assets, creditor protection for your beneficiaries, and avoids probate IF you have transferred all your assets into it at the time of your death. All three work well to govern how your assets are distributed.
Regardless of which option you choose, your attorney will prepare all your estate planning documents for the same flat fee. After you “begin”, you'll receive more guidance and recommendations based on your assets and wishes, and your attorney can halp you make the choice that’s right for you.