Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

Putting wills, trusts together

When making estate planning decisions, many people might wonder whether a will or trust is better. However, these are different tools for estate planning and are often needed together to ensure one's wishes are met after passing away. Florida residents might like to know more about using wills and trusts when estate planning.

Most estates typically rely on one tool more than the other when having both a will and trust, so it may seem like the document used less is not necessary. Depending on a grantor's needs, one or both tools might be necessary.

One reason to have both a will and a trust is that the former can act as a safeguard. This is necessary in cases where a trust exists but not all assets have been put in the trust. Deeds, titles, and other assets must be put in a trust's name to make the rules of the trust apply to the property. This makes the trust the owner of any property given to it, and a grantor acts as a trustee of the property while alive. Upon passing, a successor trustee can access the trust and distribute property to heirs.

Some people prefer to use wills instead of a trust because wills are usually less expensive and are also arguably more convenient. This is because a person's belongings are automatically part of an estate and subject to the terms of a will when the person dies.

Trusts can sometimes require more effort than a will but also provide specific benefits. For example, trusts are not part of the probate process and could give a grantor more control over how assets are distributed. An attorney might be consulted when wondering whether a trust is needed or when ensuring that a trust complies with state laws.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Miami, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions