A lot of people don’t understand the difference between a will and trust. A will is a legal document which directs who will receive your property upon your death. In comparison, a living trust is a legal document which can also give instructions on how to distribute your property upon your death. With this in mind, however, a key difference between a will and trust is that a trust can also be used to distribute property before someone passes. More importantly, unlike a will which requires probate, a trust can avoid the need to file California probate. At A People’s Choice, we prepare wills and trusts for affordable flat fees. Contact us today to find out more about our flat fee estate planning services. Below is an overview of the difference between a will and trust.

What our Clients Say...
“Lightning fast response, I had my very simple document on the same day as my order for the very fair and reasonable price of $325 (including the rush fee!) compared to my attorney who quoted me 3 weeks and $2500. I will definitely use these folks again and highly recommend them!”
L. Carnes
“I can’t say enough about the level of service and professionalism I received working with A People’s Choice. Emails were always responded to quickly and thoughtfully. They really care about the process and helping you get the best result with no up-selling. The process played out according to plan and I ended up saving a lot of money by going with A People’s Choice over an attorney.”
M. Rice
“I just recently moved to the Ventura area and didn’t know of any companies to help me with my legal paperwork. I am glad I chose A People’s Choice. They were very friendly and helped me with my documents in a very efficient way in very little time. Give them a try and you will be writing a positive review just as I did.”
D. Buelna
“A People’s Choice – Saved me time, money and hardship. The people are professional and a pleasure to work with, I totally recommend them to everyone! I will used them for all my legal documents in the future. Thank you!”
C. Lazalde
“I recently required the help of A People’s Choice, Inc. and found them to be entirely professional. Everything was done in short order yet all was explained to my satisfaction. They were friendly and courteous. I am happy and impressed.”
C. Zyobel
“Staff there were friendly, courteous and very professional. They did my Living Trust and the price was very reasonable. I am very pleased with their work and would highly recommend them.”
Anne M.
“When my father passed away without a will, we needed help handling the transfer of his assets. Since there weren’t significant assets, I didn’t want to spend too much on the legal paperwork. A People’s Choice offered just the right service we needed. In particular, the staff was very responsive to our document filing needs, helping to turn around corrections almost immediately. They helped to ease a tough situation.”
Michael C.
“We needed to add a few changes to our estate plan. Found “A People’s Choice” on the internet. People were very efficient and helpful. The cost was way less than an attorney would have charged. Thank you.”
Gene N.
“Extremely satisfied with the performance of A People’s Choice. The communication was excellent and all was handled in a timely efficient manner.”
Pam T.
“I needed to create a living trust, will and end of life statement. I checked out several options and found A People’s Choice. They’ve been in the business for years and their experience/expertise is a great asset. Second, it’s very helpful to have a real person you can work. Finally their prices are fair. Overall I rate A People’s Choice as excellent…quality, speed, personal service are qualities delivered!”
Bruce R.
“Made the process so easy for me. Also VERY prompt replies through email. So glad I used their services.”
Kristina C.
“My wife and I needed to have some papers filed in court but found that traditional lawyers were quite expensive. We found the phone number for “A People’s Choice” and gave them a call, and am so happy that we did. They did a very professional job completing our paperwork and I might say, at a very reasonable price. And you can bet; I will contact A People’s Choice again if or when the need arises. “
D. Hileman
“The service provided by A People’s Choice was very professional and comprehensive. We have used A People’s Choice on a previous occasion and were completely satisfied. We would highly recommend A People’s Choice to anyone!”
R. Betancourt
“A People’s Choice is extremely customer orientated and friendly. Their service was fast and reliable. in the future, should I need their services again, I will not hesitate to call them. All e-mails were answered with either a phone call or e-mail sometimes even late at night.”
Tar
“Super prices, great service, I can’t say enough about this place. We had A People’s Choice help us with a trust and POA. They are the best!”
Jessica S.
“How much is peace of mind worth to you? This company of hardworking, caring individuals will help you get the job done in the quickest, most efficient way. Conveniently located. Check it out. Thank you!”
Diana K.
“We love A People’s Choice. It’s legally run and professional. Everyone has to have a recommendation and license. Highly recommended.”
Christy C.
“This company is excellent! They helped me get through all of my paperwork, submitted it to the court, and now everything is complete. Everything was clear and almost too easy. I saved thousands of dollars!”
Seth M.
“Very professional, excellent follow up and easy to work with. I will recommend them often! The staff rocks!”
Gene A.
“I had the opportunity to use A People’s Choice again, Wow doesn’t say enough for the way the staff was able to get me in and out and all my answers answered. Very Professional, Organized and Friendly. I highly recommend!”
Debbie E.
“I have worked with A People’s Choice since September 2013. They are very knowledgeable and experienced. Their work is done professionally and timely. They show a real concern for my situation. I recommend you give them the opportunity to be of service to you.”
D. Echeverra
“A People’s Choice is awesome! They made the legal documentation process painless. I highly recommend A People’s Choice. The name says it all.”
Eric J.
“I was very happy with the service received. They were extremely responsive by phone and email and completed the document in less than 24 hours! All questions were answered promptly. I would highly recommend this service to anyone needing a legal document prepared!”
M.D.
“A People’s Choice is a great option to get legal documents prepared inexpensively. They offer a very professional, low cost service for all sorts of legal paperwork. I always received a prompt reply to my inquiries and found the legal guide they gave me extremely helpful and informative. I strongly recommend calling this company. You won’t be disappointed and will save lots of money as compared to using an expensive attorney!”
Kathryn R.
“A People’s Choice prepares legal documents so you can represent yourself and still look like you know what you’re doing. I utilized their services recently and found them to be professional as well as extremely helpful. I couldn’t be happier.”
Evan J.
“I used A People’s Choice for a probate transaction and later for the preparation of a deed. All went smoothly. They were professional, efficient, easy to work with and reasonably-priced. Highly recommended.”
David S.
“This team is efficient, professional, ethical and easy to work with. Any of my questions were responded to immediately. They did everything they could to help me. I highly recommend their services.”
Leigh A.
“Cannot remember how I found A People’s Choice. I think it was through a web search. In any case I found the company and have been and am completely satisfied with the service provided. They were very friendly whenever we spoke on the phone and always responded promptly to any emails. The answers were always clear. The entire process was smooth and painless. I would recommend A People’s Choice without hesitation.”
Les A.
“Great service. Highly professional and efficient creating legal documents. I am completely satisfied and highly recommend them to others. I am so glad I found you on the internet. People who are looking for professional legal services look no further, try A People’s Choice.”
Radtech N.
“A People’s Choice is a business that delivers what they promise. I was treated like a VIP by their staff and Sandy was the best. As for their services, they promptly delivered all of the official documents and fillings on my behalf and their price is more than reasonable. In short, this is a business that I will always recommend and continue to use. Thank you!”
Juan B.
“I was in need of serious help and didn’t know what to do. I had contacted a lawyer and he wanted to charge me $1800.00. Then I found A People’s Choice. They were great. They got my paperwork started and at a much lower cost, and steered me, with the help of lots of paperwork, in the right direction. Very grateful for the company’s services and would recommend them to anyone that may need the services they offer.”
April R.

Get help with Your Estate Planning Needs!

  • or call 1-800-747-2780

Last Will & Testament

As mentioned above, a last will appoints a person you want to oversee your estate after you pass away. A will also tells your executor how to distribute your property to your beneficiaries. Within reason, you can define how you would like your heirs to use the gifts received. You can also appoint a guardianship over your children in a will.

Revocable & Irrevocable Trust

There are many different types of trusts, and not all trusts are the same. Each different type of trust offers different types of protections. For example, a revocable trust is the most common type of living trust. The grantor is the person that creates the trust. Once the grantor creates the trust, they must then fund the trust. You fund a trust by transferring title to your property into the trust. The grantor will usually serve as the trustee of the trust. This allows the grantor to move property in and out of the trust or change the terms of the instrument.

On the other hand, an irrevocable trust also allows the grantor to transfer property to the trust. However, contrary to a revocable trust, an irrevocable trust takes the trust assets out of the trustmaker’s hands. As a result, the grantor no longer owns or controls them the trust assets. In this regard, an independent trustee would manage the trust assets and make all the decisions regarding those assets on behalf of all the trustees. These decisions may or may not include the grantor. The trustee (not the grantor) has full control over administering the trust based on the terms outlined in the trust. Another critical difference is that once created, the grantor cannot terminate the trust as it becomes irrevocable.

Key Difference Between a Will and Trust

A last will goes into effect once a person passes away. On the other hand, a living trust is valid as soon as it is signed. Keep in mind, both a will and revocable living trust are modifiable up until the time the grantor passes away. As mentioned above, once the grantor dies, assets identified in a person’s will must go through the probate process before the estate’s personal representative can distribute the assets.

In contrast, property passing under a living or irrevocable trust avoids the court probate process. This is a key and most important difference between a will and trust. The trust terms explain how the successor trustee should transfer assets to beneficiaries. Keep in mind, the trust can continue to hold the property for the benefit of beneficiaries (for example a minor) after the trustor’s death.

The successor trustee will continue to administer the trust until all the trust provisions are complete.  It is essential to understand that a revocable living trust allows the trust maker to control their trust property while living. For example, the trustor can fund the trust to make sure their living expenses are covered in his/her old age. A living trust can also appoint someone to take over for them should the trust maker become incapacitated. This would avoid the need for a court conservatorship. A will, however, does not plan for mental disability nor avoid does a will avoid a court conservatorship.

Tips When Considering the Difference Between a Will and Trust

When considering the difference between a will and trust, it will be helpful to have a full understanding of the value of your estate. Ask yourself – will the difference between a will and a trust for your estate result in a more complex or expensive administration process after you pass away? For example, if you have a will, will your heirs need to probate your estate? On the other hand, for smaller estates, the difference between a will and a trust may have little to no effect on the required estate administration steps after your death. Contact A People’s Choice for more information about our estate planning services. Proper estate planning does not have to be expensive, nor does it require hiring a lawyer. A People’s Choice used the same estate planning software that many California attorneys use. We can prepare a living trust and pour over will for you as well as any other estate planning documents you may need and offer a full array of estate planning services. Call us today at 800-747-2780.

Get help with your Legal documents today!

A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney!

GET STARTED!

Was this article helpful? We would love to know your thoughts! If you found this article helpful, please check the LIKE button below. Your feedback helps us plan topics for future articles.

Â