How Do I Know If I Need a Trust?

Dana Ware • July 14, 2026

Share this article

Whether you need a trust depends on your finances, family situation, and what you want your estate plan to accomplish. Everyone over age 18 needs a will and related estate planning documents, and most people could benefit from a trust, but an estate planning attorney is your best source to answer this question. The article “Savvy Senior: Wondering about wills and trusts? Here’s what you need to know” from The Wayne County News provides some helpful insights.

What does a will do? It spells out who you want to receive assets after you die. It also names an executor who will oversee administering your estate and designates a guardian for minor children. A will goes through probate, a court process that validates the will, approves the appointment of the executor, and oversees distribution. Depending on where you live and how complex your estate is, probate can take months or years. In most states, your will becomes part of the public record, and anyone can read it.

Trusts are very different than wills. A revocable living trust is used to hold assets while you are living and to direct how they are distributed after death. Assets held in a trust don’t go through probate, thereby protecting your will from prying eyes.

When the grantor (the person who set up the revocable living trust) becomes incapacitated or dies, the successor trustees take over. This allows someone else to manage the grantor’s assets, which can be helpful in case of a serious illness.

Trusts are helpful when family situations are complicated, especially in blended families . If the family includes an individual with special needs, a Special Needs Trust allows the family to create a plan for the future to help without risking government benefits.

The biggest challenge when setting up a trust is ensuring assets are transferred into it. This means assets like real estate and financial accounts need to be retitled. This takes time and attention to detail. Failing to properly transfer an asset into the trust will leave it unprotected and part of the probate estate.

Many people opt to have their estate planning attorney include a “pour-over” provision in their will so that anything not placed in the trust is automatically “poured” into the trust. This should be a backup, not a reason to delay retitling assets.

People who own property in more than one state benefit from having a trust. Placing all assets in a single trust may avoid the costs and delays of probate in multiple states.

If you have a small estate, your family is not complicated, and assets have beneficiaries, a last will and testament may be all you need. However, if avoiding probate, protecting privacy, and managing assets in case of incapacity are important, a trust should be considered.

Speak with an experienced estate planning attorney to discuss your unique needs and make a plan for the future.

Dana Ware of Hudson Legacy Law is a premiere Hudson Valley Trust Attorney. If you’re ready to start planning your family’s future, book a consultation with  Hudson Legacy Law  today.

Recent Posts

Estate planning lawyer explaining wills versus trusts
By Hudson Legacy Law • October 20, 2026
Will or trust? An estate planning lawyer in Montgomery, NY helps you decide. Hudson Legacy Law offers calm, pressure-free guidance. Book a call today.
Estate planning attorney reviewing documents with a client
By Hudson Legacy Law • October 20, 2026
Looking for a trusted estate planning attorney in Montgomery, NY? Hudson Legacy Law builds tailored plans for Orange County families. Book a free call.
Estate planning attorney reviewing Medicaid trust documents
By Hudson Legacy Law • October 20, 2026
Could Medicaid rules put your Montgomery, NY home at risk? Hudson Legacy Law's estate planning attorneys reveal how a trust can protect it. Book a call.
Estate planning attorney reviewing will and trust documents with client
By Hudson Legacy Law • October 20, 2026
What sets a local estate planning attorney apart? In Montgomery, NY, Hudson Legacy Law delivers custom plans. Schedule your call.
Estate planning lawyer reviewing a last will and testament document with a client.
By Hudson Legacy Law • October 20, 2026
What happens if you die without a will in NY? Hudson Legacy Law, Montgomery's estate planning lawyer, helps families avoid surprises. Book a call today.
Two people holding hands with plastic cups of iced coffee, one in a white dress and one in a dark suit
By Dana Ware • August 25, 2026
Marriage is one of life's most important partnerships, and retirement planning should be treated the same way. Milestone anniversaries provide an excellent opportunity for couples to revisit their financial goals and prepare for the future together.
Person in a wheelchair beside a hospital bed in a black-and-white room
By Dana Ware • August 21, 2026
Many retirees worry that a nursing home will simply seize their retirement accounts if long-term care becomes necessary. The reality is more complicated and understanding how IRAs are treated can help families plan more effectively.
Abstract mural of elegantly dressed figures under a cloudy sky in a tiled indoor space
By Dana Ware • August 18, 2026
Today's tax laws and planning opportunities have created a unique environment for individuals and families looking to preserve wealth and protect future generations. Taking advantage of these opportunities now may provide benefits for years to come.
Black stethoscope beside a silver medical cup on a white cloth background
By Dana Ware • August 14, 2026
Thoughtful Medicaid planning is not only about qualifying for long-term care benefits. It can also help reduce financial burdens on family members and preserve assets for future generations.
Hands counting stacks of U.S. dollar bills at a table, with a cup in the foreground.
By Dana Ware • August 11, 2026
Medicaid can provide essential long-term care benefits. However, in certain situations, state agencies may seek reimbursement from a recipient's estate after death. Understanding when estate recovery applies can help families plan more effectively.
Show More