Wills Attorney in New York, New York

What’s the difference between a will and a trust?

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the common misconception that most

people make

is that if i write this will

all my family has to do is sit at a

table like this after death have a

reading of the will

the executor automatically assumes the

position by virtue of being named in

this will

and goes on to distribute the property

that’s the common misconception that

most people have when in fact the will

goes through what’s called probate

probate is the process where the will

has to be admitted the executor has to

be appointed there’s a seven month

window that the estate must stay open

and it takes about a year or so to

complete conservative sometimes a little

bit less depending on the value of the

assets

and only then are they able to

distribute in most cases

a trust on the other hand is in fact

self-serving

so

unlike a will that requires court

approval at every step of the last will

and testament aside from actually

writing it

the trust can be used

during life and after death without

court intervention

by the person who created it or by

anybody they they have named as trustee

in their place for the benefit of either

them if they named themselves as

beneficiaries

or somebody else both during life and

after death so essentially it avoids

this whole

probate process regardless of what type

NY estates planning & probate attorney Russel Morgan, Esq. explains the difference between a will and a trust.

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