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

One of the most common questions I hear in estate planning meetings is: “Is a will enough, or do I need a trust?”

It’s a fair question—and an important one. Wills and trusts both serve valuable functions in Nebraska estate planning, but they operate in very different ways. Choosing the right structure isn’t just a legal decision—it’s a practical one that affects your family, your finances, and your future.

Let’s break it down so you can make an informed decision based on your actual goals, not just a hunch or a template you found online.

What Does a Will Do in Nebraska?

A last will and testament is a document that outlines how you want your property distributed after your death. It can also name a personal representative (sometimes called an executor), guardians for minor children, and instructions for handling debts or personal property.

But—and this is key—a will only takes effect after death. And in Nebraska, that means it must go through probate, a court-supervised process that verifies the will and oversees the administration of your estate.

Even though Nebraska offers a simplified probate process for small or uncontested estates, it still takes time. Probate is public, it can be expensive if complications arise, and it often adds stress for your loved ones during an already difficult time.

What Is a Revocable Living Trust—and How Is It Different?

A revocable living trust is a legal entity you create while you’re alive. Once your assets are transferred into the trust (this part is called “funding the trust”), they are managed according to the terms you set, both during your lifetime and after your death.

The key advantages of a Nebraska revocable trust include:

• Avoiding probate: Your assets pass to beneficiaries privately, without court oversight.

• Continuity in incapacity: If you become seriously ill or mentally incapacitated, your successor trustee can step in immediately to manage finances—without needing a court order.

• Flexibility: You can change or revoke the trust as long as you’re competent.

• Control over distributions: Instead of giving money outright (like a will does), you can stagger distributions, set rules, or assign a trustee to manage funds on behalf of your beneficiaries.

When Does a Trust Make Sense in Nebraska?

Not everyone needs a trust. But there are several common situations where trust-centered planning is often the smarter move:

1. You want to avoid probate.

Especially if you own real estate in more than one state, probate in multiple jurisdictions can be a headache. A trust keeps things simple.

2. You’re concerned about incapacity.

A will won’t help if you’re alive but unable to make decisions. A trust—and your chosen trustee—can step in without court involvement.

3. You have a blended family.

Trusts allow for more nuanced planning to support a spouse while preserving inheritances for children from a previous relationship.

4. Your beneficiaries have special needs or money challenges.

If a loved one receives government benefits, struggles with addiction, or just isn’t financially responsible, a trust can structure their inheritance in a way that protects both them and the assets.

5. You’re concerned about fraud, elder abuse, or exploitation.

A funded trust limits access to assets and places control with someone you trust, offering a layer of protection that a will simply doesn’t.

So… Will or Trust? Here’s the Bottom Line

If your life is fairly straightforward, you might be okay with a well-drafted will, durable powers of attorney, and healthcare directives. But if your situation involves real estate, aging concerns, blended families, or asset protection goals, a trust could offer greater peace of mind and legal protection.

Yes, a trust requires more work upfront. But in most cases, it saves your family far more later—by sidestepping probate, minimizing confusion, and reducing legal costs and delays.

Think of a trust as an investment in the people who’ll be carrying out your wishes when you’re not there to walk them through it yourself.

If you’re unsure which route makes sense for you, let’s talk. I’ll walk you through your options and help you figure out what fits—not based on hype, but based on your life and goals.

Contact me at 402-259-0059 or zach@zandersonlaw.com to start the conversation.

FAQ: Wills vs. Trusts in Nebraska

Is probate required in Nebraska if I have a will?

Yes. Even with a valid will, your estate must go through Nebraska’s probate process unless all your assets pass through other methods (like beneficiary designations or a trust).

What is the biggest advantage of a trust?

Avoiding probate and providing a plan for incapacity. A revocable living trust allows your trustee to act immediately if you’re unable to manage your affairs, avoiding court delays and guardianship proceedings.

Do I need a trust if I don’t have a large estate?

Not necessarily. If you have minimal assets and a simple family structure, a will might be sufficient. But even modest estates can benefit from the clarity, privacy, and protection a trust offers.

Can a trust help with Medicaid planning in Nebraska?

Certain types of irrevocable trusts may be used in long-term care or Medicaid planning, but revocable living trusts do not protect assets from Medicaid spend-down requirements. This should be discussed with an estate planning attorney experienced in Medicaid strategies.

How much does a trust cost in Nebraska?

It depends on complexity, but a custom revocable trust-based estate plan typically costs more upfront than a will—but saves more in probate and legal costs later. Most clients find the long-term value well worth the investment.