Will vs. Trust: What’s the Difference in Michigan?
When planning for the future, many people ask: “Do I need a will, a trust, or both?” The answer depends on your goals, your assets, and how you want things handled after you're gone.
In Michigan, both wills and trusts are legal tools used in estate planning—but they serve different purposes. Understanding the difference can help you make smarter decisions for yourself and your family.
📝 What Is a Will?
A will (or "last will and testament") is a legal document that outlines:
Who inherits your assets after you pass
Who you name as a guardian for your minor children
Who will manage your estate (your "personal representative")
✅ Pros of a Will:
Simple and straightforward to create
Can name guardians for children
Lets you express your final wishes clearly
⚠️ Things to Know:
A will must go through probate in Michigan—a court process that can take months and become public record
It only goes into effect after your death
📘 What Is a Trust?
A trust is a legal arrangement that allows a third party (a “trustee”) to hold and manage assets on behalf of beneficiaries.
The most common type is a revocable living trust, which you can update or cancel during your lifetime.
✅ Pros of a Trust:
Avoids probate—your assets can transfer faster and privately
Manages assets if you become incapacitated
Provides more control over how and when assets are distributed
Can protect privacy and reduce legal fees
⚠️ Things to Know:
A trust typically requires more setup and maintenance than a will
Only assets properly titled in the name of the trust benefit from its protections
Wills and Trusts at a Glance.
🧭 So Which One Is Right for You?
You may need both. Many Michigan residents choose to create a revocable trust to avoid probate and manage assets long-term, but also draft a will as a backup—especially to name guardians for minor children or handle any assets not included in the trust.
👨⚖️ How Newburg Law Can Help
Estate planning doesn’t have to be overwhelming. At Newburg Law, we’ll walk you through your options and create a plan that fits your life, your family, and your future.
Let’s protect what matters—today and tomorrow.
🛡️ Your Family. Your Future. Your Foundation.