A Guide from Eglash Law Office
When families begin exploring estate planning, one of the most common questions we hear at Eglash Law Office is simple: Do I need a will or a trust?
Both documents are important tools for protecting your wishes and providing for your loved ones. However, they serve different purposes and operate in different ways under Wisconsin law. Understanding the difference between a will and a trust can help you make informed decisions about how your assets should be managed and distributed.
At Eglash Law Office, we help individuals and families throughout La Crosse, Onalaska, Holmen, and the Coulee Region create estate plans that provide clarity, security, and peace of mind. As an estate planning and elder law firm in La Crosse, our focus is on comprehensive life and legacy planning designed to protect what matters most.
This guide explains the key differences between wills and trusts, when each option may be appropriate, and how they often work together as part of a well-designed estate plan.
What a Will Does in Wisconsin
A will is a legal document that explains how your property should be distributed after your death. It allows you to name beneficiaries, appoint a personal representative (also known as an executor), and express certain personal wishes about how your estate should be handled.
For many individuals, a will serves as the foundation of an estate plan.
A properly drafted will can accomplish several important goals. It allows you to designate who should receive your assets, identify the person responsible for managing the estate, and ensure that your wishes are documented clearly. For families with minor children, a will also allows parents to nominate a guardian who will care for their children if something happens to them.
However, it is important to understand that a will alone does not avoid probate. In Wisconsin, assets governed by a will generally pass through the probate court process before they are distributed to beneficiaries.
For this reason, many individuals who begin researching wills and trusts eventually explore whether additional planning tools may be helpful.
Working with an experienced will lawyer in La Crosse can ensure that your will meets Wisconsin’s legal requirements and reflects your wishes accurately.
What a Trust Does in Wisconsin
A trust is another legal tool used in estate planning, but it operates differently from a will.
A trust creates a legal arrangement in which one party, known as the trustee, holds and manages property for the benefit of another party, known as the beneficiary. Many individuals create revocable living trusts, which allow them to maintain control of their assets during their lifetime.
In most cases, the person creating the trust serves as the initial trustee and continues to manage the assets just as they would normally. If the individual becomes incapacitated or passes away, a successor trustee steps in to manage and distribute the assets according to the instructions written in the trust.
One of the primary advantages of a trust is that assets held in the trust generally do not go through probate. Instead, the successor trustee can distribute them according to the terms of the trust.
Because of this benefit, many people seeking estate planning in La Crosse WI choose to include a trust as part of their estate planning strategy.
An experienced trust lawyer in La Crosse can help ensure that the trust is properly created and funded so that it functions as intended.
Key Differences Between a Will and a Trust
Although wills and trusts are both estate planning tools, they serve different roles.
A will takes effect only after death and must go through probate before assets are distributed. A trust, on the other hand, can take effect immediately and can allow assets to pass directly to beneficiaries without court involvement.
A will also becomes part of the public record once probate begins. A trust generally allows asset transfers to remain private.
Another important difference involves incapacity planning. If someone becomes unable to manage their affairs, a successor trustee can step in to manage trust assets without court intervention. A will does not provide this type of management.
Because of these differences, many estate plans use both tools together rather than choosing one over the other.
When a Will May Be Enough
For some individuals, a will may provide sufficient planning.
People with relatively simple estates sometimes rely on a will combined with beneficiary designations and other planning documents. In these situations, the probate process may still occur, but the estate may be small enough that the process remains manageable.
A will may also be appropriate when individuals want to clearly designate guardians for minor children or outline specific personal instructions.
However, even in these cases, it is still important to work with an estate planning attorney in La Crosse to ensure that the document is properly drafted and integrated with other planning elements.
When a Trust May Be the Better Choice
A trust may be a stronger option when individuals want to simplify estate administration and reduce probate involvement.
Families who own real estate, have multiple assets, or wish to create a more streamlined transfer of wealth often find that a trust offers additional flexibility.
Trusts can also be helpful in situations where individuals want more control over how assets are distributed. For example, a trust can allow assets to be distributed gradually or held for beneficiaries until certain milestones are reached.
In addition, trusts can provide continuity if the person creating the trust becomes incapacitated. A successor trustee can step in and manage trust assets without court proceedings.
For many families, this additional flexibility makes a trust an attractive option as part of a comprehensive estate plan.
Why Many Estate Plans Use Both
Rather than choosing between a will and a trust, many estate plans use both tools together.
A trust may hold the primary assets, allowing them to transfer efficiently without probate. At the same time, a will serves as a safety net for assets that were not transferred into the trust.
This type of document, sometimes called a “pour-over will,” directs any remaining assets into the trust after death.
By combining these tools, families can create a more complete plan that addresses both asset distribution and administrative details.
As a La Crosse estate attorney, Heidi Eglash frequently works with clients to design estate plans that use multiple planning tools together in a coordinated way.
Other Documents Every Estate Plan Needs
Estate planning involves more than just wills and trusts. A well-designed plan typically includes additional documents that address healthcare decisions and financial management.
Important documents often include powers of attorney in Wisconsin, which allow trusted individuals to make financial decisions if someone becomes incapacitated.
Healthcare directives also allow individuals to communicate their medical preferences if they are unable to speak for themselves.
Some families also include funeral planning documents, which help loved ones understand final wishes and avoid uncertainty during difficult moments.
Together, these documents create a comprehensive plan that addresses both life events and long-term legacy planning.
Planning for Long-Term Care and Changing Needs
Estate planning also plays a role in preparing for future healthcare needs. Many families ask how they can prepare for long-term care expenses or protect assets if nursing care becomes necessary.
Strategies involving Medicaid planning in Wisconsin and long-term care planning may be incorporated into an estate plan when appropriate.
As members of the National Academy of Elder Law Attorneys, our firm works with families to explore planning options that balance asset protection with legal compliance.
These strategies are particularly important for families navigating aging, disability, or complex healthcare transitions.
When Should You Update Your Estate Plan?
Estate planning should be reviewed periodically to ensure it continues to reflect your wishes.
Major life changes often signal the need for an update. Marriage, divorce, the birth of children or grandchildren, retirement, or significant financial changes may require adjustments to your documents.
Many people also review their plans after moving to Wisconsin or acquiring property in another state.
Regular reviews help ensure that your plan remains aligned with your goals and continues to protect your loved ones.
Life and Legacy Planning with Eglash Law Office
Eglash Law Office is a boutique estate planning and elder law firm dedicated to helping Wisconsin families protect their futures.
Founded and led by attorney Heidi Eglash, the firm focuses on thoughtful life and legacy planning that goes beyond preparing legal documents. Our goal is to provide clear guidance, personalized service, and long-term support for individuals and families.
Attorney Eglash is a member of the National Academy of Elder Law Attorneys, as well as WealthCounsel and ElderCounsel, reflecting a commitment to professional excellence and continuing education in estate planning and elder law.
We proudly serve clients throughout La Crosse, Onalaska, Holmen, Vernon County, Monroe County, Jackson County, and communities across the Coulee Region.
Speak With an Estate Planning Attorney in La Crosse
If you are asking yourself whether you need a will, a trust, or both, you are not alone. Every family’s situation is unique, and the right estate planning strategy depends on your goals, assets, and long-term priorities.
At Eglash Law Office, we help clients throughout western Wisconsin create estate plans that provide clarity, security, and peace of mind.
If you would like to learn more about wills, trusts, or comprehensive estate planning, we invite you to request a consultation with an experienced estate planning attorney in La Crosse. Together, we can design a plan that protects your wishes and the people who matter most.