“If I Already Have a Will, Why Would I Need a Trust?”

This is probably one of the most common questions I get when sitting down with new estate planning clients—and it’s a good one. On the surface, it seems like a will should be enough. You write down who gets what, sign it, and you’re done, right?

Not quite.

Wills and trusts both serve important purposes, but they work very differently. Understanding how they function—and why a trust might add value—isn’t about legal technicalities. It’s about what actually happens to your family when something goes wrong.

Let’s break it down.

A will only takes effect after you die. It doesn’t do anything while you’re alive, and it has to go through probate—a public court process that validates the will and oversees the distribution of your estate. In Nebraska, probate isn’t always as bad as you may have heard (we have simplified procedures for smaller or uncontested estates), but it’s still a court proceeding. It takes time. It’s on the public record. And most families would rather avoid it if they can.

A revocable living trust, on the other hand, goes into effect the moment it’s created and your assets are transferred into it (this part is key—creating the trust is just step one; it needs to be funded). It allows your assets—like your home, bank accounts, or investments—to be managed and passed on without court involvement. No probate. No public record. Fewer delays. Less drama.

But that’s just the start.

A trust also protects you while you’re still alive. If you become seriously ill or mentally incapacitated, your successor trustee—the person you’ve chosen in advance—can step in and manage things without a court hearing, without having to petition for guardianship, and without the confusion that often leads to family tension or missed bills.

This kind of incapacity planning is one of the biggest advantages of trust-centered planning. It means your loved ones can focus on you—not on court paperwork.

And if you’re worried about fraud or financial exploitation, a trust can act as a buffer. By placing your assets under the control of a trusted fiduciary, you’re limiting who can access what, and under what conditions. That’s especially helpful if you’ve got concerns about cognitive decline or scam exposure down the line.

Trusts also offer a big advantage when it comes to supporting beneficiaries with unique needs. Maybe someone in your family has a disability and relies on government benefits. Maybe they struggle with addiction, or maybe they’re just… not great with money. A will gives them everything outright. A trust lets you put a plan in place—one that’s structured, intentional, and designed to protect that person for the long term.

And then there’s the blended family dynamic. Trusts can help balance the needs of a current spouse while still ensuring your children from a prior relationship aren’t left behind. A basic will tends to fall short here, and I’ve seen firsthand how that can lead to serious conflict or unintended outcomes.

Now, not everyone needs a trust. If your situation is very straightforward, a well-drafted will, along with powers of attorney and healthcare directives, may be all you need. But in many cases—especially for older adults, families with real estate, or folks navigating more complicated family dynamics—a trust-centered plan offers more protection, more clarity, and more peace of mind.

Yes, it’s more work upfront. And yes, it’s an investment. But what it saves your family in time, legal costs, and stress? It’s worth it. Think of it as creating a safety net not just for your assets, but for the people who’ll be carrying out your wishes when you’re not around to explain them.

If you’re unsure whether a trust makes sense for your situation, we can talk through it—no pressure, no obligation. Just a conversation to make sure your plan actually does what you think it does. Contact me at 402-259-0059 or zach@zandersonlaw.com.