• Our Promise to You During COVID-19/Coronavirus
    • Skip to primary navigation
    • Skip to main content
    • Skip to primary sidebar
    • Skip to footer
    • Home
    • Our Firm
      • About Our Firm
      • Team Profiles
    • Estate Planning
      • Arizona Long Term Care (ALTCS)
      • Asset Protection
      • Business and Succession Planning
      • Elder Law & Medicaid Planning
      • Estate and Gift Tax Figures
      • Family-Owned Businesses & Farms
      • IRA & Retirement Planning
      • Incapacity Planning
      • Legacy Planning
      • LGBTQ Estate Planning
      • Pet Planning
      • Probate
      • Powers of Attorney
      • SECURE Act
      • Trust Administration
    • Elder Law
      • Are You A Caregiver
      • Coping With Alzheimer’s
      • Emergency Medicaid & Nursing Home Planning
      • Guardianship & Conservatorship
      • Tucson Medicaid (ALTCS) Planning
      • Tucson Veteran’s Benefits
    • Webinars
    • Resources
      • DocuBank
      • Elder Law Reports
      • Free Estate Planning Seminars
      • Frequently Asked Questions
        • Estate Planning FAQs
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning Frequently Asked Questions
        • Trust Administration & Probate Frequently Asked Questions
        • Tucson Estate Planning FAQs
      • Is Your Estate Plan Outdated?
      • Latest News
      • Newsletters
      • Pre Consultation Form
      • Professional Resources
      • Published Books
      • Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
    • Reviews
      • Our Reviews
      • Review Us
    • Contact Us
    • Blog

    Kinghorn Heritage Law Group, PLC

    Tucson Estate Planning Attorneys

    Connect with us today(520) 529-4000

    Attend a Free Seminar
    Home / FAQ / What’s the difference between having a Will and a Living Trust?

    What’s the difference between having a Will and a Living Trust?

    June 22, 2018

    A Will is a legal document that describes how your assets should be distributed in the event of death. The actual distribution, however, is controlled by a legal process called probate, which is Latin for “prove the Will.” Upon your death, the Will becomes a public document available for inspection by all comers. And, once your Will enters the probate process, it’s no longer controlled by your family, but by the court and probate attorneys. Probate can be cumbersome, time-consuming, expensive, and emotionally traumatic during a family’s time of grief and vulnerability. Con artists and others with less-than-pure financial motives have been known to use their knowledge about the contents of a will to prey on survivors. A Living Trust avoids probate because your property is owned by the trust, so technically there’s nothing for the probate courts to administer. Whomever you name as your “successor trustee” gains control of your assets and distributes them exactly according to your instructions. There is one other crucial difference: A Will doesn’t take effect until your death, and is therefore no help to you during lifetime planning, an increasingly important consideration since Americans are now living longer. A Living Trust can help you preserve and increase your estate while you’re alive, and offers protection should you become mentally disabled.

    Primary Sidebar

    FREE ESTATE PLANNING WORKSHEET

    There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
    • This field is for validation purposes and should be left unchanged.

    Follow Us

    • fb
    • tw
    • ld
    • yt

    Testimonials

    default image

    In this day and age it is very rewarding and comforting to make a major decision for the long-term security of your family. Over 14 years ago we decided upon the Kinghorn Heritage Family to create our family trust. Through the years it became very evident that this decision was a major and necessary step for a secure future in an ever-changing legal climate. The Kinghorn Family has been a close friend that has always been there to serve our family.

    Gary and Velma T. Client Review September 8, 2020

    default image

    We appreciate the programs presented that keep us informed and updated in today’s internet and financial world. It is a comfort to know that you are only a phone call away if questions arise.

    Robert and JoAnn H. Client Review September 8, 2020

    default image

    We enjoyed meeting all the behind-the-scenes people on your team and want to thank you for the peace of mind you’ve given us and our children.

    M.D. Client Reveiw September 8, 2020

    default image

    What an amazing law firm, where the people I refer to them are handled as good friends, family, and confidantes.

    Eileen E. Client Review September 8, 2020

    default image

    Thank you Allison and Kinghorn Law family for everything you have done to make our end-of-life decisions a reality and stress free. When we think of Kinghorn: trust, peace of mind, professional. Outstanding Law Firm!

    Ken and Cheryl V. Client Review September 8, 2020

    default image

    Very satisfied with your company and staff.

    Robert and Britt O. Client Review September 8, 2020

    default image
    A Will is a legal document that describes how your assets should be distributed in the event of death. The actual distribution, however, is controlled by a legal process called probate, which is Latin for “prove the Will.” Upon your death, the Will becomes a public document available for inspection by all comers. And, once your Will enters the probate process, it’s no longer controlled by your family, but by the court and probate attorneys. Probate can be cumbersome, time-consuming, expensive, and emotionally traumatic during a family’s time of grief and vulnerability. Con artists and others with less-than-pure financial motives have been known to use their knowledge about the contents of a will to prey on survivors. A Living Trust avoids probate because your property is owned by the trust, so technically there’s nothing for the probate courts to administer. Whomever you name as your “successor trustee” gains control of your assets and distributes them exactly according to your instructions. There is one other crucial difference: A Will doesn’t take effect until your death, and is therefore no help to you during lifetime planning, an increasingly important consideration since Americans are now living longer. A Living Trust can help you preserve and increase your estate while you’re alive, and offers protection should you become mentally disabled.

    Chandler V. Client Review September 8, 2020

    default image

    Estate Planning attorneys are sometimes criticized for offering needlessly complex, 'canned' solutions. This never has been the case with Kevin. The documents he created were comprehensive when appropriate and surprisingly simple when suitable. In every case, they were individually crafted to meet our unique needs.

    Rich D. Client Review September 8, 2020

    << Prev
    Next >>

    Where We Are

    Kinghorn Law, LLC
    3573 E. Sunrise Drive, Suite 209
    Tucson, AZ 85718
    Phone: (520) 529-4000

    See Larger Map
    Get Directions

    Footer

    • Speaker Connection
    • Advantages of Working With Our Firm
    • Disclaimer
    • Privacy Policy
    • Sitemap
    • Contact Us

    Connect with Us

    • fb
    • tw
    • ld
    • yt
    footer-logo


    © 2021 American Academy of Estate Planning Attorneys, Inc.

    Attorney Advertisement