| Alan R. Horvath, Attorney at Law |
| Frequently Asked Trust Questions |
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
How does a trust differ from a will?
A will is concerned solely with the distribution of your property at death. The life of a trust may start the day you
create it, and can go on for many years after your death. This means that a trust can deal with your care prior to
your death, and can provide for the retention of assets and their ongoing management long after your death. With
a trust you can make one person a beneficiary of an income stream, and someone else the ultimate beneficiary of
the supporting assets. With a trust you can make the distributions to beneficiaries conditional on their behavior or
the conflicting needs of other family members. With a trust, you can direct your trustee to take actions just as you
might have yourself, even after you are able to continue to personally provide that direction. As long as you can
put your instructions into writing, and they are not illegal, they are enforceable.
A will also requires the probate process in order to be put into effect. With a trust, you define in your trust
document who is to be your successor trustee, and they automatically become the legal owners of the trust
property at your death. No probate is required.
A will is concerned solely with the distribution of your property at death. The life of a trust may start the day you
create it, and can go on for many years after your death. This means that a trust can deal with your care prior to
your death, and can provide for the retention of assets and their ongoing management long after your death. With
a trust you can make one person a beneficiary of an income stream, and someone else the ultimate beneficiary of
the supporting assets. With a trust you can make the distributions to beneficiaries conditional on their behavior or
the conflicting needs of other family members. With a trust, you can direct your trustee to take actions just as you
might have yourself, even after you are able to continue to personally provide that direction. As long as you can
put your instructions into writing, and they are not illegal, they are enforceable.
A will also requires the probate process in order to be put into effect. With a trust, you define in your trust
document who is to be your successor trustee, and they automatically become the legal owners of the trust
property at your death. No probate is required.
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