Wills and Trusts Lawyer Brookhaven

Life doesn’t come with a roadmap, but your legacy can. At Ledwidge & Associates, we believe that preparing for the future is one of the most powerful acts of care you can offer your loved ones. Our wills and trusts lawyer in Brookhaven brings clarity to complex decisions, helping you shape a plan that reflects your values, protects your assets, and stands the test of time. Whether you’re just getting started or revisiting an existing plan, we’re here to guide you with empathy and insight. Call (929) 492-2814 for your free consultation—because your future deserves more than guesswork.

Why Having a Will Is Important Even If You Have a Trust

Many people in Brookhaven who start estate planning believe that creating a trust means they no longer need a will. While trusts are powerful tools for managing your assets and avoiding probate, they don’t fully replace the need for a will. Understanding how these two documents work together is essential to making sure your wishes are carried out smoothly and completely after you pass away.

What Does a Trust Cover?

A trust is a legal arrangement where you transfer ownership of your assets to the trust itself, which is then managed by a trustee for the benefit of your named beneficiaries. A common type of trust used in estate planning is a revocable living trust. This kind of trust gives you control over your assets while you’re alive and provides a clear path for distribution when you die.

One of the biggest advantages of a trust is that it avoids probate. Probate is the court process that validates a will and oversees the distribution of assets. Probate can be time-consuming, public, and costly. A trust allows your estate to bypass this process, offering more privacy and quicker access to assets for your heirs.

However, a trust only covers the assets that have been formally transferred into it. Anything you own outside the trust isn’t automatically protected by it. This leads to the reason why having a will is still necessary.

What a Will Can Do That a Trust Cannot

A will can do several things that a trust cannot. Most importantly, a will acts as a safety net for any property or assets not included in your trust. Sometimes, people overlook transferring all their assets to the trust. This can include smaller items like personal belongings, vehicles, or new assets acquired after the trust was created.

Without a will, these assets may not be distributed according to your wishes. Instead, they could pass through intestate succession, which is the default state law process that decides who inherits when someone dies without a valid will.

Additionally, a will allows you to appoint guardians for minor children or dependents. Trusts typically don’t cover this important responsibility. If you have young children, naming a guardian in your will is essential to ensure someone you trust cares for them if you’re no longer able to.

The Role of a Pour-Over Will

Many people who have a trust also create what’s called a pour-over will. This special type of will works alongside your trust by “pouring” any assets not already in the trust into it upon your death. Think of it as a catch-all to make sure all your assets eventually get managed under your trust’s terms.

Without a pour-over will, any assets not in the trust might end up going through probate. This defeats the purpose of having a trust in the first place, which is designed to avoid probate. So even if you’ve set up a trust, a pour-over will protects you from missing anything.

How to Avoid Gaps in Your Estate Plan

One common issue estate planning lawyers see is incomplete or outdated plans. You might have created a trust years ago but never transferred certain assets into it. Maybe you acquired new property or accounts and didn’t update your estate documents.

Without a will, these “leftover” assets could be subject to probate or pass to unintended heirs. This is why it’s important to review your estate plan regularly and keep it current.

Working with an experienced wills and trusts lawyer in Brookhaven can help you identify any gaps. We can guide you through transferring assets properly, updating your documents, and making sure all your wishes are clearly documented.

Other Important Considerations

Even if you have both a trust and a will, there are other factors to consider. For example, certain assets pass outside of both documents through beneficiary designations or joint ownership. Retirement accounts, life insurance policies, and payable-on-death accounts often have named beneficiaries.

It’s important to coordinate these designations with your overall estate plan. Otherwise, the assets may go to someone you didn’t intend or create conflicts among heirs.

Also, keep in mind that trusts can vary in complexity. Some trusts only cover specific assets or have unique conditions. Your will can help address any matters not covered by the trust or clarify your intentions.

When a Will Might Be Enough

While trusts offer many benefits, some people might find a simple will is sufficient for their situation. For instance, if your estate is small or uncomplicated, a will might provide all the necessary protections.

However, even in simpler cases, a trust can be a valuable tool for privacy and avoiding probate. That said, whether you choose just a will, a trust, or both, the key is having a clear, legally sound plan tailored to your needs.

Partner with a Wills and Trusts Lawyer in Brookhaven Who Puts Your Legacy First

When it comes to safeguarding your family’s future, having a wills and trusts lawyer on your side makes all the difference. At Ledwidge & Associates, we’re dedicated to crafting estate plans that provide clarity, security, and peace of mind for you and your loved ones. Don’t leave your legacy to chance—reach out today at (929) 492-2814 to schedule your free consultation and take the first step toward a well-planned tomorrow. Your future is worth the investment.