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Sep 13, 2023

Secure Your Legacy: How to Set Up a Will and Trust

set up a will and trust

In the journey of life, it’s essential to plan for the future. One vital aspect of this planning is to set up a will and trust. These legal tools not only protect your assets but also ensure your loved ones are taken care of according to your wishes. In this comprehensive guide, we will delve into how to set up a will and trust, exploring their importance and benefits. By the end, you’ll understand why it’s crucial to secure your legacy and how Lewman Law can help you navigate this process seamlessly.

List of Contents

The Significance of a Will

A will, often referred to as a last will and testament, is a legal document that outlines how your assets and properties should be distributed upon your passing. Here’s why having a will is of utmost importance:

  1. Control Over Your Assets: With a will, you have the power to decide who inherits your assets. Without one, your assets might be distributed according to state laws, which may not align with your wishes.
  2. Guardianship for Minor Children: If you have children who are minors, a will allows you to designate a guardian of your choice. This ensures your children are raised by someone you trust.
  3. Peace of Mind for Your Loved Ones: Having a clear, legally binding document can alleviate stress and conflicts among family members during a challenging time.
  4. Efficient Asset Distribution: A will streamlines the probate process, making it quicker and more efficient, saving your beneficiaries time and money.

Setting Up a Trust

Now, let’s move on to trusts and how they complement your will.

  1. Understanding Trusts: A trust is a legal arrangement where you transfer your assets to a trustee to manage on behalf of your beneficiaries. Unlike a will, a trust is effective during your lifetime and can continue to exist after your passing.
  2. Probate Avoidance: One of the primary benefits of a trust is that it can help your heirs avoid the lengthy and costly probate process. Assets held in a trust are typically distributed faster and privately.
  3. Control and Flexibility: Trusts offer more control over how your assets are managed and distributed. You can specify conditions and timelines for distribution, ensuring that your assets are used wisely.
  4. Privacy: Unlike wills, trusts are not part of the public record, providing a higher level of privacy for your family and beneficiaries.

Choosing Between a Will and a Trust

Should you set up a will and trust or one over the other?

Now that you understand the significance of both wills and trusts, you might wonder which one is right for you. The decision often depends on your unique circumstances and goals.

  1. When to Choose a Will: A will is suitable for individuals with relatively simple estates, minimal assets, and straightforward inheritance plans. It’s also a viable option if you cannot afford the upfront costs associated with setting up a trust.
  2. When to Choose a Trust: If you have substantial assets, a complex estate, or specific requirements for asset distribution, a trust can provide more control and flexibility. Trusts are also ideal for individuals looking to avoid probate.

Choosing an Executor for Your Will

When crafting your last will and testament, one of the most critical decisions you’ll make is choosing an executor. Your executor plays a pivotal role in ensuring your final wishes are carried out as intended. 

Understanding the Executor’s Role

Before diving into the selection process, it’s essential to understand what an executor does. An executor is the person responsible for managing the administration of your estate after you pass away. Their duties may include:

  1. Probate: Filing your will with the court and initiating the probate process, if necessary.
  2. Asset Management: Taking control of your assets, including property, bank accounts, and investments, until they are distributed to your beneficiaries.
  3. Debt Settlement: Paying any outstanding debts, including taxes, from your estate’s assets.
  4. Asset Distribution: Distributing your assets to your designated beneficiaries according to your will’s instructions.
  5. Legal and Financial Responsibilities: Handling any legal or financial matters that arise during the estate administration process.

Qualities to Look for in an Executor

Choosing the right executor is crucial, as their responsibilities can be complex and demanding. Here are some qualities to consider when making your decision:

  1. Trustworthiness: Your executor should be someone you trust implicitly. They will have access to your financial and personal information, so honesty and integrity are non-negotiable.
  2. Organizational Skills: Estate administration involves a lot of paperwork, deadlines, and financial management. Your executor should be highly organized and detail-oriented.
  3. Financial Acumen: Dealing with assets, debts, and taxes requires financial literacy. An executor with a good understanding of financial matters can ensure your estate is managed efficiently.
  4. Availability: The role of an executor can take time, especially during the probate process. Consider someone who has the time and availability to fulfill these responsibilities without conflicts.
  5. Impartiality: If your will involves multiple beneficiaries, it’s essential that your executor remains impartial and fair in their decision-making.
  6. Communication Skills: An executor should be able to communicate effectively with beneficiaries, creditors, and other parties involved in the process.

Who to Consider as Your Executor

Now that you understand the qualities to look for, let’s explore some potential candidates for the role of executor:

  1. Family Members: Spouses, adult children, or siblings are often chosen as executors due to their familiarity with your wishes and assets.
  2. Close Friends: Trusted friends who are financially savvy and responsible can also be good candidates.
  3. Legal or Financial Professionals: Attorneys, accountants, or financial advisors have the expertise to handle the complexities of estate administration.
  4. Professional Executors: Some people opt for professional executors or trust companies, especially if their estate is particularly complex or if they have no suitable family or friends to fulfill the role.
  5. Co-Executors: You can appoint more than one executor, which can provide checks and balances and distribute the workload.

Discussing Your Decision

Once you’ve identified a potential executor, it’s crucial to have an open and honest conversation with them about their willingness to take on the role. This discussion should include:

  1. Clarity: Ensure your executor understands your wishes and the responsibilities associated with the role.
  2. Consent: They should willingly accept the responsibility. Pressuring someone into being an executor is not advisable.
  3. Information: Provide your executor with the necessary information, including the location of your will, important documents, and contact details of your will attorney, if applicable.
  4. Contingency Plans: Consider naming an alternate executor in case your primary choice is unable or unwilling to serve when the time comes.

Lewman Law: Your Trusted Partner in Estate Planning

Now that you understand the steps on how to set up a will and trust, you might be wondering how to proceed. This is where Lewman Law comes in. Our team of experienced estate planning attorneys is dedicated to helping you secure your legacy and protect your loved ones.

  1. Personalized Consultation: We start by understanding your unique circumstances and goals. Our attorneys will provide expert guidance to help you decide between a will and a trust or a combination of both.
  2. Tailored Estate Plans: We craft comprehensive estate plans that align with your wishes. Whether it’s safeguarding your assets, designating guardians for your children, or minimizing tax liabilities, we’ve got you covered.
  3. Efficient Execution: Lewman Law ensures that your estate plan is executed seamlessly, leaving no room for legal uncertainties or disputes.


In life, uncertainty is a constant, but planning for the future doesn’t have to be. Learning how to set up a will and trust empowers you to take control of your legacy, providing for your loved ones and ensuring your assets are distributed as you wish. Whether you opt for a will, a trust, or a combination of both, the key is to start the process as early as possible.

Now is the time to take action and secure your legacy. Contact Lewman Law today for a personalized consultation and let us guide you through the process of how to set up a will and trust.

Your Path to Peace of Mind

Secure your legacy with the help of Lewman Law. Our experienced estate planning attorneys are ready to assist you on how to set up a will and trust. Don’t leave your future to chance – start planning today. Contact us for a consultation and embark on your path to peace of mind.

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About John Lewman