Wills and Trusts

Wills and trusts are essential legal tools to control your assets and care for loved ones after your death. A will specifies how your property and dependents are handled upon passing. A trust provides flexible management of assets during life and beyond, often avoiding probate court.

Key Features of Wills

Wills name an executor to carry out your wishes, designate guardians for minor children, and direct asset distribution. Without one, state laws decide outcomes, potentially against your intent. They require state-specific formalities like witness signatures. Service members can access free legal help for wills through military offices.

Key Features of Trusts

Trusts let you appoint a trustee to manage property for beneficiaries under set conditions, like age-based payouts. Revocable trusts allow changes while alive; irrevocable ones do not. They bypass probate, reduce delays and costs, and protect eligibility for government aid. Testamentary trusts activate via a will for minors.

Choosing the Right Option

Use a will for simple estates. Add a trust for complex needs like blended families or large assets. Many combine both. Service members, explore legal assistance for wills and trusts tailored to military life at no cost.

An Independent Team to Decode Government

GovFacts is a nonpartisan site focused on making government concepts and policies easier to understand — and programs easier to access.

Our articles are referenced by .gov and .mil websites as well as trusted think tanks and publications including Brookings, CNN, Forbes, Fox News, Pew Research, Snopes, The Hill, and USA Today.

All Articles on Wills and Trusts

Creating a Will: Legal Assistance for Service Members

Having a legally valid Last Will and Testament is a critical step for every U.S. service member. It ensures personal…