A will and a trust are two ways to decide who receives your property, who manages it, and how your wishes are carried out after you are gone or if you cannot manage things yourself. Each document does a different job, and many families need only one of them. We help you understand the difference and choose the documents that fit your family and your goals.
We help clients prepare wills, trusts, powers of attorney, health care directives, and related estate planning documents across Forsyth, Davie, Davidson, Yadkin, and Iredell County.
Wills and trusts consultations are complimentary.
Most estate plans start with a will. For some families, a trust does work a will cannot. Here is how the two compare, so you have a clear picture before we talk.
When a will is enough
A will works well when your wishes are straightforward. You want your property to pass to the people you name, and you are comfortable with the estate going through probate. A will is also where parents name a guardian for minor children, which a trust cannot do. For many families, a will and the right beneficiary designations cover everything they need.
When a trust is useful
A trust becomes worth setting up when you want to keep certain assets out of probate, keep your affairs private, set conditions on how and when someone receives an inheritance, or plan for a time when you cannot manage your own finances. Blended families, owners of property in more than one state, and parents who want to control the timing of an inheritance are the situations where a trust most often earns its place.
The right plan is the one you understand. We start by learning your family, your property, and what you want to happen, then we explain what a will does, what a trust does, and which combination fits your situation. You hear what each document means in plain language before you decide anything.
You work with the attorney handling your documents from the first conversation, so the person learning your situation is the same person preparing your plan. Once your documents are signed, existing clients receive a complimentary annual review, with no document-holding fees and no maintenance charges.
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Wills, trusts, and estate planning are handled directly by Sarah Young, the firm’s founder. You work with the attorney responsible for your documents, so the person learning your family and your goals is the same person preparing your plan.
These are the documents and decisions this page covers. We help you decide which ones you need based on your family and your goals.
A will directs how your property is distributed after death and names an executor to carry out your wishes. It is also where parents of minor children name a guardian. Property that passes through a will goes through probate, the court-supervised process for settling an estate, which is one reason some families also consider a trust. In North Carolina, a valid written will must be signed by you and witnessed by two competent witnesses.
A revocable living trust holds your assets during your life and passes them to the people you name when you are gone, without going through probate. You stay in control while you are able, and the trust names someone to step in if you cannot manage your own finances. A trust only controls the assets you actually transfer into it, so funding the trust correctly is part of the work. We explain whether a trust fits your situation or whether a will is enough.
If you have children under 18, naming a guardian is one of the most important reasons to have a will. This is the person who would raise your children if both parents are gone. A trust cannot name a guardian, so parents of young children need a will for this decision, whether or not they also set up a trust.
A will should match your current family, your current assets, and your current wishes. An old will that names people who have passed away, leaves out a new child, or no longer reflects what you want can create problems for your family. We review your existing documents and update them with a codicil or replace them with a new will, depending on how much has changed.
Probate is the court process that settles an estate and confirms who receives what. A trust is one of the tools that can reduce how much of your estate has to pass through it. The benefit depends on which assets you move into the trust and how your accounts are titled. We explain what probate would look like for your estate before recommending a trust to reduce it.
A blended family raises a question a basic will does not always answer well. How do you provide for a spouse and also make sure children from a prior relationship receive what you intend? When everything passes outright to a surviving spouse, that spouse can later change their own will and direct those assets elsewhere, which may leave your children with nothing.
A trust lets you provide for your spouse during their lifetime and still direct what remains to your own children. We walk through how a will and a trust each handle this, and we help you put the documents together so the result matches your intent.
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A few North Carolina rules shape how we prepare your documents.
A written will must be signed by you and witnessed by two competent witnesses to be valid. We handle the signing and witnessing so your will meets state requirements.
North Carolina recognizes revocable living trusts. A trust controls only the assets you transfer into it, which is why funding the trust correctly matters as much as creating it.
Property left through a will passes through probate in the county where you lived. A trust is one of the tools that can reduce what has to go through that process. For families settling an estate that has already happened, see our page on estate administration and probate.
The full planning picture, including powers of attorney, healthcare directives, and when to update your plan.
For long-term care planning, guardianship proceedings, and helping aging family members.
For families handling the estate of someone who has passed away.
Most people need a will. Some people also benefit from a trust. A will is enough when you want your property to pass to the people you name and you are comfortable with the estate going through probate. A trust helps when you want to keep assets out of probate, keep your affairs private, set conditions on an inheritance, provide for a blended family, or plan for a time when you cannot manage your finances. We help you decide which fits in the consultation.
Assets you transfer into a trust can pass to your beneficiaries without going through probate. The benefit depends on which assets you move into the trust. A trust you set up but never fund does not avoid probate, which is why we help you title your assets correctly.
A trust controls only the assets you transfer into it, called funding the trust. Accounts with a named beneficiary, such as retirement accounts and life insurance, pass by that designation rather than through the trust or the will. We review your assets so the right ones are coordinated with your plan.
Yes. We review your existing will, identify what no longer fits your family or your wishes, and update it with a codicil or replace it with a new will. An old will that names people who have passed away or no longer reflects your wishes can create problems for your family.
Not always, but a blended family is one of the most common reasons people set up a trust. A trust lets you provide for your spouse during their lifetime and still direct what remains to your own children. We walk through whether a will or a trust gives you the result you want.
A will is often enough when your wishes are straightforward, your estate is not complex, and you are comfortable with probate. Naming a guardian for minor children is done in a will, so parents of young children need a will regardless of whether they also use a trust.
A will takes effect after death and passes your property through probate. A living trust takes effect as soon as you fund it, can manage assets if you become unable to, and can pass those assets outside of probate. Many plans use a will and a trust together.
Most straightforward documents move from consultation to signing in a matter of weeks. More complex plans take longer. We give you a realistic timeline at the consultation.
If you are ready to put a will or trust in place, or you want to understand which one fits your family, talk with an attorney serving Winston-Salem, Clemmons, Mocksville, and the surrounding Triad communities. Wills and trusts consultations are complimentary.
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