How to Choose Between a Will and a Trust in Estate Planning

For many families in Avon and New Britain, conversations about the future often take place at the kitchen table. You worry about what happens to your home, your savings, and your loved ones when you are gone. You might wonder if a simple will is enough or if a trust is necessary to protect what you have built.

At Ericson, Scalise & Mangan, PC, we have guided generations of Connecticut families through these decisions since 1945. We understand that estate planning is not just about legal documents; it is about peace of mind. Choosing between a will and a trust depends on your specific goals regarding privacy, probate costs, and how you wish to distribute your assets.

Understanding the Connecticut Will

A Last Will and Testament is the most recognizable and familiar estate planning document. It serves as a written instruction manual for the distribution of your assets after your death. For a will to be valid in our state, it must meet strict statutory requirements outlined in C.G.S. § 45a-251. The document must be in writing, signed by you (the testator), and attested by two witnesses who sign in your presence.

A will is often the right choice for individuals with straightforward estates or those who are comfortable with the probate process. It allows you to name a guardian for minor children, a critical function that a trust alone cannot fulfill.

The Role of Probate In the Process.

It is a common misconception that having a will keeps you out of court. In reality, a will must go through probate. This is the legal process where the court validates the document and oversees the distribution of assets. If you live in New Britain, your estate will likely be administered at the Berlin Probate Court (District PD-08). For our clients in Avon, proceedings typically occur at the Simsbury Regional Probate Court (District PD-09).

While probate provides judicial oversight, it also makes your estate a matter of public record. Anyone can access the file to see what you owned and who received it. Furthermore, the process involves statutory fees. Under Connecticut Probate Laws, probate fees are calculated based on the gross value of your estate. For families with significant assets, these costs can accumulate, sometimes reducing the inheritance left to beneficiaries.

The Revocable Living Trust: A Private Alternative.

A Revocable Living Trust is a legal agreement you create during your lifetime. You transfer your assets, such as your home, bank accounts, and investments, into the trust’s ownership. As the “grantor,” you maintain complete control and can amend or revoke the trust at any time, consistent with the Connecticut Uniform Trust Code (C.G.S. Chapter 802c).

For many of our clients, the primary advantage of a trust is probate avoidance. When you pass away, the assets are already owned by the trust, not you personally. Therefore, they do not need to go through the probate court system. Your successor trustee can distribute assets to your beneficiaries almost immediately, without the need for court intervention.

The Issue of Privacy and Speed.

Because trusts bypass probate, your estate remains private and confidential. There is no public record of your assets or beneficiaries. This is often a deciding factor for families who value discretion. Additionally, trust administration is generally faster than the probate process, which can take months or even years to resolve, depending on the estate’s complexity and court schedules.

Comparing the Costs and Benefits.

Choosing the right path often comes down to weighing upfront effort against future convenience.

For example, some of the issues your lawyer might compare are: 

• Upfront Cost vs. Future Fees: A trust is typically more expensive to set up than a will because it requires more complex drafting and the retitling of assets (funding the trust). A will is less costly to draft initially, but the eventual probate fees and potential legal costs during administration can be higher.
• Incapacity Planning: A will only becomes effective upon the death of the testator. It offers no protection if you become incapacitated due to illness or injury. A Revocable Living Trust, however, allows your successor trustee to manage your assets for your benefit if you are unable to do so. This can prevent the need for a court-appointed conservator.
• Complexity of Assets: If you own real estate in multiple states—for example, a primary home in Avon and a vacation cottage in Rhode Island or Florida—a trust is highly beneficial. Without one, your family might face “ancillary probate,” meaning they would have to open separate court proceedings in every state where you own property. A trust consolidates these assets under one legal umbrella.

The Elder Law Perspective: Protecting Your Assets.

As attorneys with deep experience in Elder Law, we often remind clients that a standard Revocable Living Trust does not protect assets from Medicaid spend-down requirements. Because you retain control over the assets, the state counts them as yours.

For clients concerned about long-term care costs, an Irrevocable Trust might be a more appropriate tool. This type of trust requires relinquishing control of the assets to protect them from being counted for Medicaid eligibility purposes. We have extensive experience navigating these complex regulations and can help you determine if asset protection is a priority for your plan.

We Are Here to Guide You Every Step Of the Way. 

You do not have to make these decisions alone. At Ericson, Scalise & Mangan, PC, we take pride in building enduring relationships with our clients. We know that every family situation is unique, and we treat your circumstances with the empathy and attention they deserve.

Whether you need a simple will or a comprehensive trust strategy, we are here to offer the sound legal advice and support you need to reach a rewarding outcome. Our dedication to our clients is why we were voted Best Law Office in 2022 and Best Eldercare Attorneys in 2021 in the New Britain Herald Reader’s poll.

Let us help you secure your legacy and protect your family’s future.

Call us today to schedule a consultation: In New Britain, call 860-854-3809, or in Avon, reach us at 860-854-3545. Don’t hesitate, as your family’s future financial security and future may be at stake.