The Benefits of Trusts vs. Wills in North Carolina Estate Planning
When it comes to planning for the future, creating a comprehensive estate plan is one of the most important steps you can take to ensure that your wishes are carried out and your loved ones are provided for. In North Carolina, two key tools for estate planning are wills and trusts. While both are vital components of an estate plan, they serve different purposes, and understanding the differences between them is essential for making the right choice.
At Cline Donaldson Law Firm, we specialize in guiding North Carolina families through the estate planning process. In this blog, we’ll compare trusts and wills, highlight the benefits of each, and discuss when one might be more advantageous than the other—especially if your goal is to minimize probate or plan for estate tax efficiency.
What is a Will?
A will is a legal document that outlines how you want your assets to be distributed after your death. It can also designate guardians for minor children and name an executor to carry out your wishes. Wills are often seen as the foundation of an estate plan because they are straightforward and relatively simple to create.
However, while a will provides clear instructions about what happens to your assets, it must go through probate—a court process in which a judge validates the will, ensures any debts or taxes are paid, and supervises the distribution of assets to beneficiaries. In North Carolina, the probate process can take several months and incur costs, which can reduce the value of your estate.
What is a Trust?
A trust is a legal arrangement in which one party (the trustee) holds and manages assets for the benefit of another party (the beneficiary). There are several types of trusts, but the most common is a revocable living trust, which allows you to maintain control over your assets during your lifetime while also designating how they should be distributed after your death.
Unlike a will, assets held in a trust typically do not go through probate. Instead, they pass directly to beneficiaries according to the terms of the trust, which can save time and money. A trust also allows for greater flexibility and control over how assets are managed, both during your lifetime and after your passing.
Trusts vs. Wills: A Comparison
Both trusts and wills have their advantages and serve unique purposes in estate planning. Let’s explore the key differences and when one might be more advantageous than the other:
Avoiding Probate
- Will:
A will must go through probate, which can be a lengthy and costly process. In North Carolina, probate fees are generally a percentage of the estate’s value, which means more valuable estates will face higher costs. Additionally, probate can take several months to complete, during which your family may experience delays in receiving their inheritance. - Trust:
One of the primary advantages of a trust is that assets held within it avoid probate altogether. This allows for a much faster distribution of assets to beneficiaries and reduces associated costs. For families looking to minimize the time and expense involved in transferring assets, a trust can be a much more efficient option.
Privacy
- Will:
Because a will must go through probate, it becomes part of the public record. This means that anyone can access the details of your will, including the value of your estate and who will inherit your assets. For individuals who prefer privacy in their estate planning, this can be a significant drawback. - Trust:
Trusts, on the other hand, are private documents and do not become part of the public record. This means the details of your trust—such as the distribution of assets—remain confidential, which can be appealing if you wish to keep your financial affairs private.
Control and Flexibility
- Will:
A will is effective only after your death and cannot be used to manage your assets while you’re alive. Additionally, once the will is executed, the distribution of assets is final and cannot be altered without drafting a new will or going through the legal process of changing it. - Trust:
A trust, particularly a revocable living trust, offers greater control and flexibility. You can change the terms of a revocable trust at any time during your lifetime, including altering beneficiaries or adding new assets. Trusts also allow you to outline specific instructions for the distribution of assets, such as how funds should be managed for minors or individuals with special needs.
Estate Tax Planning
- Will:
A will does not provide any direct benefits when it comes to reducing estate taxes. The distribution of your estate after death is subject to estate taxes, depending on the total value of the estate and the tax laws in place at the time. - Trust:
Trusts can be a useful tool for estate tax planning, especially if your estate exceeds the federal estate tax exemption. Certain types of trusts, such as irrevocable trusts, can remove assets from your taxable estate, reducing the overall tax burden. Trusts can also be structured to take advantage of tax deductions or other strategies that help minimize taxes and protect assets for beneficiaries.
Incapacity Planning
- Will:
A will only takes effect after your death, so it does not address what happens if you become incapacitated during your lifetime. If you become unable to manage your affairs, someone would need to be appointed by the court as your guardian or conservator to handle your financial and healthcare decisions. - Trust:
A living trust can be an effective tool for incapacity planning. If you become incapacitated, your successor trustee can step in to manage your assets without the need for court intervention. This provides a seamless transition and ensures that your affairs are managed according to your wishes even if you’re unable to act on your own behalf.
Which is Right for You?
Choosing between a will and a trust largely depends on your specific goals and circumstances. Here are some scenarios where each option may be more beneficial:
- Choose a will if:
- You have a relatively simple estate and don’t mind the probate process.
- You want to name a guardian for minor children.
- You don’t need to worry about minimizing estate taxes.
- Choose a trust if:
- You want to avoid probate and ensure a quicker, more private distribution of assets.
- You have a larger estate and want to minimize estate taxes.
- You want to plan for potential incapacity or need to manage assets for a loved one with special needs.
- You desire more control over how your assets are distributed.
How Cline Donaldson Law Firm Can Help
At Cline Donaldson Law Firm, we specialize in North Carolina estate planning and can help you determine whether a will, trust, or combination of both is right for you. Our experienced attorneys will work closely with you to understand your unique needs, financial situation, and goals, creating a customized estate plan that ensures your wishes are honored, minimizes taxes, and protects your loved ones.
If you’re ready to create an estate plan or review your current plan, contact us today to schedule a consultation. Let us guide you through the process of choosing the right estate planning tools for your future.
About the Author
Scott Donaldson
As one of the founders of Cline Donaldson PLLC, Scott Donaldson leverages his background in law enforcement to provide exceptional representation across core practice areas, including personal injury law and estate planning. Before founding his Wilmington-based firm in 2023, Mr. Donaldson honed his understanding of the law as a Lieutenant in the esteemed New York City Sheriff’s Office.
He subsequently graduated cum laude from Campbell University’s Norman Adrian Wiggins School of Law, earning the Law School Book Award for demonstrating exceptional mastery of complex legal subjects. With an extensive legal background, Mr. Donaldson brings authoritative experience and insight when navigating each client case. He remains dedicated to upholding the highest legal standards and achieving optimal outcomes for all he represents.
