Why Would I Use a Trust Instead of a Will?

Before you understand all of the facts, you may naturally assume that you should use a last will as your primary estate planning document. A will can be useful under very simple circumstances, but there are many different reasons why you may want to use a trust instead of a will. Let s look at some of the scenarios. Special Needs Planning People with special needs often rely on Medicaid (called Medi-Cal in California) for health insurance. This is a program that is only available to people with limited financial resources. A benefit recipient could lose eligibility if he or she was to come into some money. To account for this, you could make a loved one with a disability the beneficiary of a special needs trust. Assets in the trust could be used by the trustee to make the beneficiary more comfortable, but benefit eligibility would not be jeopardized. Asset Protection You may be concerned about possible legal actions. There are certain trusts that can be used to shield assets from cre


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