Wills & Trusts Lawyer Philadelphia

Creating a comprehensive estate plan with properly drafted wills and trusts is one of the most effective ways to protect your legacy and ensure your loved ones are cared for. At Brandywine Estate & Probate Lawyer, our dedicated wills & trusts lawyer works with Philadelphia clients to craft personalized solutions that reflect their goals and values. Secure your family’s future today—call 484-285-5707 to arrange a consultation.

Do You Need Both a Will and a Trust

Estate planning is about protecting your assets and ensuring your wishes are followed. One common question people ask is whether they need a will, a trust, or both. While each serves its own purpose, they are not interchangeable. In many cases, using them together offers a more complete plan.

What a Will Does

A will is a legal document that outlines how your assets should be distributed when you pass away. It can also name a guardian for your children, select an executor to manage your estate, and express final wishes.

Without a will, Pennsylvania’s intestacy laws decide who inherits your property. These laws follow a strict order, starting with your closest family members. If that doesn’t reflect your preferences, a will allows you to take control.

A will must go through probate, which is the court process of proving the document is valid and carrying out its instructions. This can take several months or more, depending on the size of the estate and any complications.

What a Trust Does

A trust is a legal arrangement where one person (the trustee) holds and manages assets for another (the beneficiary). There are many types of trusts, but the most common for estate planning is a revocable living trust.

With a living trust, you can place property into the trust while you’re alive and continue to use it as you always have. After you pass away, the trustee distributes your assets according to your instructions—without going through probate.

Trusts offer several advantages:

They bypass probate, speeding up the distribution process.
They provide privacy, as they’re not part of the public record.
They allow for greater control over when and how beneficiaries receive assets.
They can help plan for incapacity if you’re unable to manage your finances.

The Differences Between Wills and Trusts

While both tools are used in estate planning, there are several key differences:

Timing: A will only takes effect after death. A trust can begin during your lifetime and continue after your death.
Probate: Wills must go through probate. Trusts can avoid it entirely if properly funded.
Privacy: Wills become public record in probate court. Trusts remain private.
Control: Trusts offer more flexibility in managing how and when assets are distributed.

Each has strengths and weaknesses. Choosing one over the other depends on your goals, the complexity of your estate, and the needs of your beneficiaries.

Why You Might Need Both

Many people think having a trust eliminates the need for a will. That’s not always true. Even if you use a trust as the primary tool in your estate plan, a will still serves important functions.

Here’s why using both can be beneficial:

Catching Unfunded Assets
If you forget to transfer property into your trust, a will—especially a “pour-over” will—can move those remaining assets into the trust after death. Without it, those items could be subject to intestate laws.
Naming Guardians for Minor Children
A trust can manage money for children, but it can’t name a legal guardian. Only a will can do that.
Providing Backup
Life is unpredictable. A will serves as a safety net for anything your trust doesn’t cover. It helps ensure no part of your estate is left unmanaged.
Comprehensive Planning
Having both documents creates a complete, well-rounded estate plan. You get the probate-avoiding benefits of a trust and the legal clarity of a will.

When One Might Be Enough

There are situations where just one of these tools may be sufficient:

If your estate is small and straightforward, a will alone might meet your needs.
If you have already transferred all major assets to your trust, the will plays a backup role.
If your goal is strictly to avoid probate and you have no minor children, a trust may take center stage.

Still, relying on just one can leave gaps. It’s important to speak with an estate planning lawyer who can evaluate your situation and make recommendations tailored to you.

Common Mistakes to Avoid

Even with good intentions, people often make mistakes in their estate plans. Some of the most common include:

Creating a trust but failing to fund it
Relying only on a will when probate avoidance is important
Not updating documents after major life changes
Choosing the wrong person as trustee or executor
Using online forms that don’t meet Pennsylvania legal requirements

These mistakes can cause confusion, delays, and extra expenses for your loved ones. Working with an experienced estate planning attorney can help you avoid costly errors.

Reviewing and Updating Your Plan

Life changes, and so should your estate plan. It’s a good idea to review your will and trust every few years or after major events, such as:

Marriage or divorce
The birth or adoption of a child
A death in the family
Buying or selling property
Moving to another state

Keeping your documents current ensures they still reflect your goals and protect your family.

Building a Personalized Strategy

There’s no one-size-fits-all solution in estate planning. What works for someone else may not be right for you. The best approach is one that takes into account your assets, family structure, health, and long-term wishes.

An estate planning attorney can help you look at the big picture. They’ll explain your options, help you understand how wills and trusts work together, and create a plan that gives you peace of mind.

Plan for the Future with a Wills & Trusts Attorney You Can Rely On

Having a solid estate plan in place can make all the difference for your loved ones down the road. At Brandywine Estate & Probate Lawyer, our experienced wills & trusts attorney works closely with clients in Philadelphia to ensure their estate plans are tailored, enforceable, and effective. Secure your legacy—schedule a consultation by calling 484-285-5707 today.