Wills & Trusts Lawyer Norristown

Preparing a will or establishing a trust is an important step in ensuring your legacy is protected and your loved ones are cared for. At Brandywine Estate & Probate Lawyer, our experienced wills & trusts lawyer works with Norristown residents to develop personalized estate plans that provide long-term security and peace of mind. To start building your plan, call 484-285-5707 and schedule a consultation today.

How a Trust Can Help You Avoid Probate

When someone passes away, their estate often goes through probate. This court-supervised process confirms a will (if there is one), appoints a personal representative, and oversees the payment of debts and distribution of assets. Probate can take months or even longer depending on the size and complexity of the estate. It’s also a public process, which means that the details of your estate become part of the court record.

One way to avoid this process is by setting up a trust. Trusts are legal tools that allow you to manage and transfer your assets privately, often without needing to involve the probate court. For residents of Norristown and Montgomery County, creating a trust can be a smart estate planning strategy.

Understanding What a Trust Is

A trust is a legal arrangement where one person, called the trustee, holds and manages property for the benefit of someone else, known as the beneficiary. The person who creates the trust is called the grantor. The grantor can also act as the trustee while they’re alive, managing their own assets in the trust.

There are many types of trusts, but revocable living trusts are the most commonly used to avoid probate. With this type, you can change or revoke the trust at any time while you’re still living. After your death, the trust becomes irrevocable, and the person you’ve named as successor trustee takes over.

Why Assets in a Trust Don’t Go Through Probate

When you place assets into a trust, those assets are no longer considered part of your personal estate. That means they don’t need to go through probate when you pass away. Instead, your successor trustee can distribute them according to the instructions you’ve laid out in the trust document.

This bypasses the time and expense of the probate process. It also provides more privacy for your heirs, since trust administration happens outside of court.

How the Process Works

Here’s a basic overview of how it all comes together:

You create the trust and decide what assets to transfer into it. These might include real estate, bank accounts, investments, or valuable personal property.
You name a successor trustee who will take over when you die or if you become incapacitated.
You manage the assets as long as you’re able. You can add or remove property, change beneficiaries, or revoke the trust if needed.
When you pass away, your successor trustee steps in and distributes the assets to your beneficiaries without involving the probate court.

Types of Assets That Can Go Into a Trust

Not every asset needs to go into a trust, but many can be included. Common examples are:

Real estate
Bank and brokerage accounts
Business interests
Personal property such as jewelry, art, or collectibles
Life insurance policies (if the trust is named as the beneficiary)

Some assets, like retirement accounts, are usually better left out of a trust for tax reasons. Instead, you can name individual beneficiaries on those accounts directly. An estate planning attorney can help you decide what should and shouldn’t be transferred.

Advantages of Avoiding Probate

Probate can be straightforward in some cases, but it often comes with delays, costs, and stress. Here are some benefits of using a trust to skip the process:

Faster access to assets – Beneficiaries may receive what they’re entitled to in weeks instead of months.
Lower costs – Avoiding court fees, executor fees, and legal expenses can save money.
Privacy – Probate is public; trusts are private.
Control – You can be specific about how and when your assets are distributed. For example, you can set conditions like age restrictions or staggered payments.
Continuity – If you become incapacitated, your successor trustee can step in without court intervention.

What Happens If You Don’t Use a Trust

If you rely only on a will, your estate will likely go through probate unless it’s very small or all assets are jointly owned or have named beneficiaries. This can lead to delays in distributing your property, and your family may need legal help to navigate the process.

Also, wills only take effect after death. If you become incapacitated, a court may need to appoint someone to manage your affairs unless you’ve made other arrangements, such as a durable power of attorney. A trust, however, can include provisions for both incapacity and death.

Common Mistakes to Avoid

Using a trust to avoid probate is effective, but there are a few pitfalls to watch out for:

Not funding the trust – Simply creating a trust isn’t enough. You must transfer ownership of assets into the trust.
Forgetting to update it – Life changes like marriage, divorce, births, or new property should trigger updates to your trust.
Choosing the wrong trustee – Pick someone who is reliable, organized, and capable of handling financial matters.
Lack of coordination with other documents – Your trust should work in harmony with your will, powers of attorney, and other estate planning tools.

When to Consider Setting Up a Trust

If any of the following apply, it may be time to talk with an estate planning lawyer about creating a trust:

You own real estate in more than one state
You want to avoid delays or costs for your family
You have minor children or financially inexperienced heirs
You are concerned about privacy
You want more control over how your assets are used

Working With an Attorney Makes a Difference

While you can find online templates to create a trust, these often don’t meet the legal standards required in Pennsylvania or reflect your specific situation. A skilled estate planning attorney in Norristown can make sure everything is set up correctly, help you transfer assets into the trust, and keep your documents up to date over time.

Every person’s needs are different, and trusts are not one-size-fits-all. Professional guidance can help you avoid costly mistakes and ensure your plan works as intended.

Secure Your Legacy with a Skilled Wills & Trusts Attorney

Having a well-drafted will or trust in place ensures your assets are distributed according to your wishes. At Brandywine Estate & Probate Lawyer in Norristown, our wills & trusts attorney provides customized estate planning solutions to protect your legacy and support your loved ones. Take control of your estate—schedule a consultation today by calling 484-285-5707.