Estate Planning: What's the Difference Between a Will and Trust?

March 22, 2017
Wills and Trusts
The terms will and trust seem to often be used interchangeably, however, most people are unsure what the difference is, and how they are used with estate planning. Likewise, although estate planning is something that should be done, the grim thought of looking into the future when you’re gone is not something most people want to do.  On the other hand, when wills and trusts are skillfully executed by a professional Illinois estate planning attorney, you can rest assured that your family members will be well taken care even after you’re gone. 
What is the Difference?

  • Covers property only in the deceased person’s name (does not cover joint)
  • Only go into effect when someone is deceased
  • Directs who will have received deceased property and assets (appoints legal representation)
  • Goes through court to make sure everything is distributed as the deceased wished
  • Is part of public record
  • Allows guardians for minor children to be made


  • Covers property property that has been transferred into a trust
  • Is immediately effective after it’s been created
  • Is a legal arrangement where one person or institution (trustee) holds legal title to property for a beneficiary (other person)
  • Does not go through the court process, and no one oversees the process
  • Remains private
  • No ability to name guardians for minor children
  • Helps plan for disability and tax savings

Overall, both wills and trusts can be quite confusing, especially in the time of bereavement or disability, but is something that can ensure your wishes are carried out accordingly.
If you or a loved one is in need of help with a will or trust, the Edwardsville estate planning attorney, Deborah Besserman can help.  At Besserman Law Firm, empathy, understanding, and attention to detail is paramount to each case.  Please contact Besserman Law Office, LLC today to schedule a consultation.  

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

ATTORNEY ADVERTISING DISCLAIMER: The Besserman Law Office has provided the materials on this website for informational purposes only, and does not constitute legal advice. The use of this site does not create an attorney-client relationship. Additionally, e-mail or other communication with our attorneys through this site should not be considered confidential or privileged. As each case and set of facts is unique, this website is not intended to be a substitute for specific legal advice from a qualified legal professional. Also, although this site discusses injuries and medical issues, it does not intend to offer medical advice. Any questions as to the treatment of your injuries must be directed to a licensed physician. Not every client obtains a monetary recovery, and the recovery in each case depends on the particular facts and circumstances. Recovery cannot be guaranteed. Neither the Supreme Court of Illinois or Supreme Court of Missouri nor The Illinois Bar or Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This is Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. Co-counsel may be used, or referral made depending upon the nature of the injury and the jurisdiction. Call Besserman Law Office at (618) 656-2122 for your legal consultation or save time with our online contact form.
envelope Call Now!