Providing Peace Of Mind, Preserving Your Legacy

Understanding The Differences Between Wills And Trusts

Last updated on May 12, 2025

At the Law Office of Thomas E. Rossmeissl, the founding attorney has been helping clients throughout San Jose and the surrounding California communities for many years. As a highly respected estate planning attorney, he can answer your estate planning questions about wills and trusts, help you establish a comprehensive estate plan, or advocate for your rights and interests in probate court if necessary. 

When preparing an estate plan, attorney Rossmeissl provides customized legal guidance based on his clients’ assets and wealth portfolios, incorporating their wishes and goals throughout the process. 

The Importance Of A Will

A will is a written, legal document that directs the disposition of your assets upon your death. It functions as the cornerstone of a comprehensive estate plan. The advantages of having a will include:

  • Naming an executor: A will allows you to name an executor who ensures your wishes are followed. 
  • Distribution of assets: In your will, you can designate who will receive specific assets, such as real estate, investments or personal belongings. 
  • Name guardians: Perhaps most importantly, if you have minor children, you can name a guardian for them in your will.

A will is a legal document that directs how your property is distributed after your death. Without a will, the state decides how to distribute your assets and who will care for your children. This process can be lengthy and costly, and the outcome might not align with your desires. Creating a will provides you with control and peace of mind, ensuring that your loved ones are provided for according to your wishes.

Legal Requirements For A Valid Will In California

California law requires that several criteria be met for a will to be considered valid. These include: 

  • The person making the will, known as the testator, must be of sound mind and at least 18 years old. 
  • For a will to be valid, it has to be in writing. The will also has to be signed by the testator or by someone else in the testator’s presence and at their direction.
  • Additionally, the will must be witnessed by two people, each of whom must be present when the testator signs the will or acknowledges that they signed it. 

These witnesses must understand that they are signing the document as witnesses to the testator’s signature. If these requirements are not met, a court can deem the will invalid and your assets will be distributed according to California’s intestate succession laws.

Understanding Trusts As Part Of A Comprehensive Estate Plan

Trusts are legal arrangements that allow you to transfer assets to a trustee, who holds and manages those assets for the benefit of your beneficiaries. While a will does not go into effect until the death of a testator, a trust is effective upon signing. It governs how your assets are to be used for your benefit while you are still alive and also directs how your assets are to be distributed after your death. 

Trusts come in various forms, each serving different purposes. For example, a revocable living trust allows you to control your assets during your lifetime, but it also provides for the distribution of these same assets after your death, without the need for probate.

Irrevocable trusts, on the other hand, offer tax advantages and can protect assets from creditors. Special needs trusts can provide for disabled family members without jeopardizing their eligibility for government benefits. By establishing a trust, you can protect your assets, minimize taxes and make sure your loved ones are taken care of according to your specific wishes.

The Advantages Of Utilizing A Trust

A married couple will frequently have a joint trust that will also include what happens after the first death, as well as what happens after the second death. The primary benefits of a revocable living trust are that it avoids the court-supervised process of administering an estate through probate, and it also helps to avoid a conservatorship in the event that a person loses the capacity to make decisions for himself or herself.

How Can A Will And A Trust Work Together As Part Of An Estate Plan?

Wills and trusts are often used together to create a comprehensive estate plan. A trust can hold and manage assets during your lifetime and after your death, while a will can distribute assets that were not included in the trust.

Both wills and trusts allow you to decide how your assets will be distributed upon your death. While there are similarities, however, each has its own unique benefits. For example, your will can also name guardians for minor children, which is not something a trust can do. An experienced estate planning lawyer can coordinate your will and your various trusts so that they work together as part of a comprehensive estate plan. 

How Are Wills And Trusts Different?

Wills and trusts are different in the way they are administered. They also provide different protections. The differences between wills and trusts include:

  • Probate: Unlike trusts, wills generally require administration of the estate through probate court before assets can be distributed. Trusts are administered privately, without court involvement, and the administration can typically be completed more quickly and more efficiently than a court-supervised probate administration.
  • Privacy: Court documents such as wills are open to the public. Trusts allow you to keep information about your final affairs private.
  • Time and money: Having a trust can be a cost-effective tool that speeds up asset distribution since it does not have to be administered through probate court. The fees associated with a probate administration are fixed by statute based on the gross value of the estate passing through probate and can be significantly higher than if the fees were incurred on an hourly basis for the work performed.
  • Effective dates: Trusts go into effect upon their execution. A will does not take effect until after your death.

Thomas E. Rossmeissl is an attorney who has been providing compassionate guidance on estate planning matters to California residents for many years. Mr. Rossmeissl will discuss your estate planning goals and customize a legal strategy to meet your estate planning goals. As your lawyer, he will work diligently to ensure that your beneficiaries will be protected.

How Do You Know If You Need A Will Or A Trust?

As part of the estate planning process, it is important to take a big-picture look at your specific situation. This means determining not only which assets you wish to pass along but also how you want those assets distributed to your loved ones. Deciding how to transfer those assets as efficiently as possible means looking at the various options available to you as part of your comprehensive estate plan.

As your estate planning lawyer, Mr. Rossmeissl will help you evaluate your options at this time. You may need several different documents as part of your estate plan, and that may be a will or a trust, or both, depending upon the situation.

Schedule A Consultation With A San Jose Wills And Trusts Lawyer

Estate planning resources go beyond wills and trusts. Learn more about the supporting documents that go into a comprehensive estate plan by calling the firm’s Los Gatos office at 408-883-3197. You can also schedule an appointment by reaching out through the firm’s online form.