Trust or Will?

[Magick1]

I have been trying to get stuff together to ensure my babester is taken care of in case of a common disaster (hubby and I have accident together for example) and wonder what really is the difference between trusts and wills?

Which are better? Worse?

Which ones are not terribly expensive if you have an attorney draw them up?

I have never had to deal with this and am really dumb when it comes to these types of legal documents.

Any tips, suggestions, helpful hints will be greatly appreciated.

[realtraveller]

You really need to see an estate planning attorney on this. Wills divide up the property and can name a guardian for your child in the event both you and hubby die. (Otherwise your state's intestate laws would decide how the property is divided up and a judge would decide who would raise your child).

A trust can be set up to avoid the delays and costs of probate. If all your property is in a trust, it would automatically go to the beneficiaries of the trust without the need for probate.

Probate proceedings can take one to two years to resolve. And, of course, an attorney is needed.

So you either pay now for an estate planning lawyer or your estate pays later for expenses that might have been avoided.

Good luck. This sort of thing is no fun to do.

[AuntieEmma[$]]

Also, beware of what are known as "trust mills." There are people who are aggressively selling living trusts to people who don't need them -- and most people don't need them. So avoid anyone who is advertising that kind of thing. It's best, as realtraveler said, to go to an estate planning attorney. Though if your financial situation isn't complicated, you could probably also go to a neighborhood-type general practioner lawyer, rather than a specialist, which might be less expensive.

Here's an article on "trust mills":
Trust Mills Illegal