Angel Latterell Law

Estate Planning Attorney For Washington State

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Should I Have A Will Or A Trust In My Estate Plan?

September 4, 2024 by Angel Latterell

There are many different ways to prepare for your future with your estate planning attorney. There are many different types of documents, plans, and decisions that you have to make when deciding how you want to distribute your estate. When looking at the options and deciding what estate plan is best for your situation, you may find yourself wondering: what is the difference between a will and a trust? How do I decide which is best for me?

There isn’t just one type of will or one type of trust. It depends upon your personal situation, so it could look different for everyone. However, there are a few key differences that you want to make sure you take note of when you are making your decision.

Wills, And Avoiding Probate

One of the biggest differences between a will and a trust is that a will in Washington does not avoid probate. A will can settle a dispute as to how an estate will be distributed, but it will still have to go through the lengthy and often expensive probate process.

A trust, on the other hand, avoids the probate process, which can be especially beneficial if you choose to title your home, vehicles, or other assets into a trust.

Trusts, And Nomination of a Guardian

Another huge difference is how a person can nominate a guardian for any minor children they have. A trust cannot nominate a guardian in any way. If you have children of minor age, it is important that you use a will to name their guardian in the case of unexpected events.

A trust can rename your assets with a designation to your children, but your trust cannot establish a guardian for your children.

Wills And Trusts Working in Tandem

A person will often need both a will and a trust. These two documents work hand in hand in distributing your estate, nominating a guardian, and establishing control of your assets. Anyone who owns a home in Washington may want to have a trust to title their home in. If you have a trust, you will also need a pour over will that works together with your trust. Most people have a will and a trust in their estate plan.

Wrapping Up

Everyone’s estate plan will be different, depending on their personal needs and circumstances. Although decision making regarding your estate plan can be confusing and daunting, remember that your estate planning attorney is there to help you remember the differences between each document, and help you decide the best solution for your situation. Schedule a callback by clicking the link below to talk more with me about what plan might be best for you!

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Filed Under: estate planning wills and trusts

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Credentials

Education

Juris Doctor – Hamline University School of Law, Saint Paul, MN – January 2003

  • Law Review Associate Editor: 2002–2003
  • Alternative Dispute Resolution Institute in Budapest, Hungary 2001.

Bachelor of Arts in Philosophy and Classics – Macalester College, Saint Paul, MN – May 2000

Certifications & Licenses

Certified Scrum Master (SCM) – Scrum Alliance (Agile Project Management) – March 2012-present

Project Management Professional (PMP) –Project Management Institute – February 2008-present

Bar Admission – Washington State Bar Association – September 2005-present

Bar Admission – Minnesota State Bar – 2003-2010

Certified Healer & Life Activation Practitioner (LAP) – MMS International – May 2014-present

Ordained Leadership Minister -Institute of Awakened Mastery – May 2019-present

Certified Guide in Lineage of King Salomon – Modern Mystery School Int’l – November 2019

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