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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
of trust we put in place
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NY estates planning & probate attorney Russel Morgan, Esq. explains the difference between a will and a trust. He mentions that a common misconception is that once someone writes a will, the family simply gathers, reads the will, and the executor automatically assumes their role to distribute the property. In reality, the will must go through probate—a legal process where the will is admitted to the court, the executor is formally appointed, and the estate remains open for a period of about seven months. The process generally takes around a year to complete, depending on the value of the assets, before distributions can occur.
A trust, on the other hand, operates differently. Unlike a will, which requires court approval at nearly every step, a trust can be used both during the creator’s lifetime and after death without court intervention. The trustee—whether the creator themselves or someone they designate—can manage and distribute assets for the benefit of the beneficiaries, avoiding the probate process entirely. This makes trusts a flexible tool for asset management and transfer.
