Michael Fox — Licensed Insurance Advisor
Michael Fox Insurance
Phone: 856-676-9358
Email: michaelfox13@gmail.com
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Will vs. Trust — A Side-by-Side Showdown
Printed June 18, 2026
Three paths. Three very different stories for the people you leave behind. Here's exactly what happens to your home, your money, and your kids under each one — in plain English.
The 30-Second Version
The state writes your plan for you.
Your wishes, but the court still runs the show.
Skip probate. Keep control. Stay private.
The Full Showdown
The state writes your plan for you.
Best for
Nobody. Seriously.
Your wishes, but the court still runs the show.
Best for
Younger families, simpler estates, or anyone who has zero plan today — a will is a huge upgrade from nothing.
Skip probate. Keep control. Stay private.
Best for
Homeowners, blended families, anyone with kids, property in multiple states, or assets over ~$150K.
Real-Life Scenarios
Mom and Dad, ages 34 and 36, two kids under 8, a house, and a 401(k).
No Will
A judge decides who raises the kids — possibly not the family member you'd choose. Assets split by state formula.
With a Will
You name the guardian. Assets go where you say — but only after 6–12 months of probate.
Revocable Trust
Guardian named, assets flow privately to a trustee who manages money for the kids until they're old enough.
Second marriage, kids from a prior relationship on each side, jointly owned home.
No Will
State law often gives everything to the surviving spouse — your biological kids may get nothing.
With a Will
You can direct assets to your kids, but the will is public and contestable. Probate can drag on.
Revocable Trust
Crystal-clear instructions, private, much harder to contest — your kids and your spouse are both protected.
Widowed, 72, owns the home outright, IRA, and a vacation place in another state.
No Will
Two separate probate cases — one in each state. Kids wait a year+ to sell the homes.
With a Will
Still two probate cases. Public record. Heirs pay fees in both states.
Revocable Trust
Both homes titled to the trust. Kids inherit in weeks, sell whenever they're ready, no court.
Wait — what is probate, anyway?
Probate is the court-supervised process of proving your will is real, paying your final bills, and transferring what you owned to whoever inherits it.
It takes time
6 months to 2+ years, depending on your state and how complicated things are.
It costs money
Court fees, attorney fees, executor fees — typically 3–7% of everything you own.
It's public
Anyone can walk into the courthouse and read what you owned and who got it.
Assets can freeze
Your family may not be able to touch bank accounts or sell the house for months.
The shortcut
A properly funded revocable living trust skips probate entirely. Assets transfer in days, not months. Privately. With no judge involved.
Myths, Busted
“I have a will, so I avoid probate.”
Nope. A will is literally the document that goes through probate. A trust is what skips it.
“Trusts are only for rich people.”
If you own a home, have kids, or have more than ~$150K in assets, a trust often saves your family more than it costs.
“My spouse automatically gets everything.”
Not always. In many states, kids — including from prior marriages — get a share. Without a plan, the formula may not match your wishes.
“A revocable trust protects me from creditors and lawsuits.”
It doesn't. Revocable trusts are about probate, privacy, and incapacity — not asset protection. That's a different conversation.
“Online forms are good enough.”
Sometimes. But an unfunded trust or a poorly executed will is the #1 reason families end up in probate anyway.
Which one is right for me?
If you checked 2 or more
A revocable living trust is almost certainly worth a serious conversation. It will likely save your family more than it costs you today.
I'll walk you through it in plain English — no pressure, no jargon. We'll look at what you own, who you love, and what you'd want to happen, then map the right tool to the job.
Note: Michael Fox Insurance helps coordinate your overall plan. Trust drafting itself is handled with a licensed estate planning attorney.
Keep exploring
Where to hold the assets your estate plan is moving.
Read moreThe plain-English walkthrough of probate, trusts, POAs, and healthcare directives.
Read moreThe free, downloadable audit that prevents the #1 estate mistake.
Read moreWhat you're paying for advice on the assets you'll one day pass on.
Read more