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PROTECTING YOU, YOUR FAMILY, YOUR FUTURE | SCHEDULE AN APPOINTMENT | CALL US TODAY! (832) 408-0505

GP Schoemakers, PLLC

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  • Home
  • About Us
    • Gratia Schoemakers
      • Community Outreach Program
    • Testimonials
  • Virtual Services
  • Estate Planning
    • Estate Planning Basics
    • Last Will and Testament
    • Revocable Living Trusts
    • Durable Power of Attorney
    • Medical Power of Attorney
    • Living Will
    • Family Estate Planning
    • LGBTQ Estate Planning & Asset Protection
    • Kids Safety Plan™
    • Business Succession Planning
    • Guardianship
      • Guardianship Planning
    • Special Needs Planning
    • Legacy Preservation Planning
    • Asset Protection
    • Trusts
    • Pet Trusts
    • Gun Trusts
  • Probate
    • Texas Probate Guide
    • Probate of a Will
    • Texas Affidavit of Heirship
    • Texas Small Estate Affidavit
    • Texas Heirship Determination
    • Texas Muniment of Title
    • Trust Administration
  • Family Law
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Custody / Visitation
  • Blog
  • FAQs
    • FAQs – Videos
    • FAQs – Estate Planning
    • FAQs – Beyond Money in Estate Planning
    • FAQs – Divorce and Estate Planning FAQs and Myths
    • FAQs – Estate Planning for Newlyweds Myths and FAQs
    • FAQs – Estate Planning for Young Adults
    • FAQs – The Estate Planning Cast of Characters
    • FAQs – Expecting an Inheritance
    • FAQs – Myths and FAQs – Planning for Conflict Prone Families
    • FAQs – New and Expanding Families
    • FAQs – Pet Trusts
    • FAQs – Probate
    • FAQs – Standalone Retirement Trust Myths and FAQs
    • FAQs – Trust Modifications
    • FAQs – Unwinding Obsolete Planning
    • FAQs – Why You Want to Avoid Probate
    • FAQs – Year-End Planning Myths and FAQs
  • Contact
    • Virtual Estate Planning Login
    • Client Portal

Do I Need a Will or Trust?

July 25, 2022 By Gratia P. Schoemakers, Esq.

Yes! Everyone needs a will, trust, or both to ensure your legacy is passed on in the way you intend, to provide for children, spouse, and family members, and in the case of trusts, to avoid probate. Wills and trusts are not just for the wealthy: A well-drafted plan ensures that what you do have is not wasted in probate court, establishes your intentions for sentimental items and family heirlooms, and can even state your wishes for the care of pets.

Will or trust

Almost everyone has a digital presence now: Estate planning can also help ensure your online photos, records, and accounts do not disappear. If you were in a Medicaid-funded nursing home at the end of your life, a trust may also prevent or limit Medicaid-recovery states from emptying remaining bank accounts or forcing the sale of the family home to pay back nursing home costs. If you have a retirement account or IRA, a trust can also ensure that your beneficiaries are not hit with a huge tax burden when the funds are distributed.

For families with significant wealth, estate planning and trusts can ensure your money stays where you wanted it to go even if your spouse or children remarry, divorce, are sued, or are the victims of financial predators. Estate planning also ensures your assets are not wasted by frivolous spending. Commonly cited statistics state that 70% of family wealth is gone within two generations—and 90% after three generations. More than half of high-net-worth individuals have never discussed their wealth with their families. You do not have to be a statistic and can instead use estate planning to pass along your wealth plus your wisdom.

For everyone, estate planning can help ensure your values are passed on to the next generation and that your wishes are stated clearly. Informal discussions have no legal standing when it comes to the distribution of an estate. The only way to make sure your goals are carried out is to execute a will or establish a trust with a qualified estate planning attorney.

Filed Under: Estate Planning, Trusts, Wills Tagged With: Will vs Trust

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