For many Delaware County families, the question is not whether you need a trust or a will. The better question is which estate planning documents should work together for your family, property, and goals.
A will remains a core Pennsylvania estate planning document. It can direct property that passes through your probate estate, name an executor, create trusts that take effect at death, and include a testamentary guardian appointment when Pennsylvania law permits it. A trust can add ongoing asset management, distribution rules for beneficiaries, planning for incapacity, and a way for properly titled trust assets to pass outside the ordinary probate process.
Gibson & Perkins, PC helps individuals and families in Media, Pennsylvania, Delaware County, and nearby communities coordinate wills, trusts, beneficiary designations, powers of attorney, health care documents, deeds, and business interests.
Some people may need a carefully drafted will and related incapacity documents. Others may benefit from a revocable living trust or another trust designed for a specific planning need. Many trust-based estate plans still include a will.
The goal is not to collect documents. The goal is to make sure each document, account title, deed, and beneficiary designation supports the same plan.
What a Will Does in Pennsylvania 
A last will and testament states how property controlled by the will should be handled after death. Pennsylvania law generally requires a will to be in writing and signed by the person making the will at the end, subject to statutory rules and exceptions.
A will can help you:
- Choose who receives property that passes under the will.
- Name an executor to administer the probate estate.
- Include a testamentary guardian appointment for a minor child when Pennsylvania law permits it.
- Create testamentary trusts for children or other beneficiaries.
- Name alternate beneficiaries and fiduciaries.
- Direct how certain real estate, personal property, or business interests should pass if those assets are part of the probate estate.
For Delaware County residents, the Delaware County Register of Wills handles probate matters. The county currently offers both in-person and virtual probate appointments.
A will does not control every asset you own. Retirement accounts, life insurance, jointly owned property, payable-on-death accounts, transfer-on-death accounts, and trust-owned assets may pass outside the will depending on the ownership arrangement and beneficiary designation. If a beneficiary designation fails or names the estate, an asset that would otherwise pass outside probate may become part of the probate estate.
Read the firm’s discussion of probate and non-probate assets:
Families preparing a will can also review information that may be useful before drafting:
https://www.gibperk.com/media-estate-planning-lawyer-explains-what-you-need-to-prepare-a-will/
What a Trust Can Add to an Estate Plan
A trust is a legal arrangement in which a trustee holds and manages property under the terms of a trust document for one or more beneficiaries. Pennsylvania’s Uniform Trust Act governs many aspects of trusts in the Commonwealth.
For a revocable trust, Pennsylvania law generally allows the settlor to revoke or amend the trust unless the trust terms expressly state that it is irrevocable. The trust document and applicable law control how changes may be made.
A trust may be useful when you want to:
- Provide ongoing management of assets for minor children or young adults.
- Set rules for when and how beneficiaries receive property.
- Plan for a beneficiary with a disability or special needs.
- Address inheritance goals in a blended family.
- Provide structured management for family property or business interests.
- Prepare for management of trust assets during incapacity.
- Coordinate ownership of real estate in more than one state.
- Reduce the amount of trust-owned property that must pass through ordinary probate administration.
- Limit the amount of information about trust-held assets that becomes part of a routine public probate file.
A trust document alone does not move property into the trust. Assets intended to be governed by the trust should be reviewed and, when appropriate, titled or designated consistently with the plan. A signed trust that never receives intended assets may not accomplish the intended result.
A will and a trust do different jobs. A coordinated plan should make the documents, titles, and beneficiary designations point in the same direction.
For more information about trust planning, review:
https://www.gibperk.com/media-trust-attorney-discusses-estate-planning/
Professionalism is the Word
I highly Recommend Gibson & Perkins. I have used their services for approximately 6 years now and been through a few cases together with very positive outcomes. Personally, I have used Paul Fellman and Walter Timby on those occasions. Both, as a team & separately these Attorneys were wonderful to work with and easily accessible to reach if I had any questions. Professionalism is the word that comes to mind to describe the firm, as a whole. Always completely prepared for any surprises that may pop up during a trial. They were well versed on all pertinent info pertaining to each case. As I client, I always felt I was an integral part of the team, not an after-thought, that had to be brought up to speed a half hour before the trial started. I could not recommend this firm and Mr. Fellman and Mr. Timby any higher.Very Satisfied
I hired Paul Fellman after speeking to several different lawyers from different law firms because he was the most sincere. Paul did an excellent job on my landlord tenant issue I had on my rental property. He was there for me from the beginning to the end of the whole ordeal. I was very satisfied and I highly recommend him and his firm.
Why Many Families Use Both a Will and a Trust
Creating a living trust does not automatically make a will unnecessary. Many trust-based estate plans include both documents.
One reason is that you may still own property outside the trust at death. A pour-over will can direct certain probate assets to a trust. Those assets may still need to pass through probate before they become part of the trust. Pennsylvania law recognizes a devise or bequest from a will to a qualifying written trust, including certain revocable or unfunded trusts.
A will can also contain provisions concerning a testamentary guardian for a minor child when the statutory requirements apply. That role is different from a trustee, who manages property under the trust.
Consider a Delaware County family with two young children, a home, retirement accounts, life insurance, and investment savings. The parents may use wills to name executors and include guardian provisions. They may use a trust to manage inherited assets for the children until ages or milestones selected in the plan. Retirement and insurance beneficiary designations would also need review because those forms may control how those assets pass.
This is why estate planning works best as a coordinated system. A will, trust, deed, beneficiary form, and account title can each affect a different asset. Conflicting instructions can produce a result that does not match your goals.
When a Will-Centered Plan May Be Enough
A trust is not required for every Delaware County household. A will-centered estate plan may fit when your assets are straightforward, your intended distributions are uncomplicated, and you do not need ongoing trust management.
Depending on your circumstances, that plan may include:
- A last will and testament.
- A durable financial power of attorney.
- Health care decision-making documents.
- An advance directive or living will.
- Current beneficiary designations.
- Deeds and account titles that match the estate plan.
Before creating a trust, identify the planning problem that the trust is supposed to solve. Review your home, bank and investment accounts, retirement assets, insurance, business interests, and beneficiary forms. Then determine whether a trust provides a useful function that your other documents do not provide.
When a Trust Deserves a Closer Look
A trust deserves closer review when your family needs continuing asset management or specific distribution rules.
Parents may want a trustee to manage an inheritance for a child until a selected age or through a series of distributions. A person in a second marriage may want to provide for a spouse while preserving specified assets for children from a prior relationship. A family planning for a person with a disability may need a specialized trust so that an inheritance does not unintentionally affect eligibility for means-tested public benefits.
Special needs planning requires careful drafting and coordination because trust terms and distributions can affect programs such as Supplemental Security Income and Medicaid.
Read the firm’s information about estate planning for a loved one with special needs:
https://www.gibperk.com/estate-planning-for-a-loved-one-with-special-needs/
A trust may also deserve review if you own real estate outside Pennsylvania or want a successor trustee to manage trust-owned assets during incapacity. These results depend on proper drafting, funding, and coordination. Creating a trust by itself does not eliminate every probate, tax, creditor, or asset-protection issue.
Do Not Forget Powers of Attorney and Health Care Documents
A will primarily addresses property after death. A revocable trust can help with management of assets held in the trust during incapacity, but it does not replace every lifetime planning document.
Your estate plan should also address who can handle financial matters and health care decisions if you cannot act for yourself. Depending on your circumstances, your documents may include a durable financial power of attorney, a health care power of attorney, an advance directive, or a living will.
These documents should be reviewed together with your will and trust. Your attorney should understand who depends on you, what you own, how your property is titled, whom you trust to make decisions, and what you want the plan to accomplish.
Questions to Ask Before Choosing a Will, a Trust, or Both
Before meeting with an estate planning attorney, consider these questions:
- Do you have minor children or other dependents?
- Does a beneficiary have a disability, creditor concern, or difficulty managing money?
- Are you part of a blended family?
- Do you own real estate outside Pennsylvania?
- Do you want beneficiaries to receive property immediately or over time?
- Would someone need to manage assets for you during incapacity?
- Are your retirement, insurance, and other beneficiary designations current?
- Do you own a business or an interest in a closely held company?
- If you already have a trust, have the intended assets been transferred or coordinated with it?
- Has your family, financial, health, or property situation changed since your current documents were signed?
Your answers can help identify whether a will-centered plan may meet your goals or whether a trust adds a useful layer of planning.
Speak With a Media Estate Planning Attorney
Choosing a will, a trust, or both should begin with your family, assets, and goals. Gibson & Perkins, PC assists individuals and families in Media, Pennsylvania, throughout Delaware County, and in nearby communities with wills, trusts, powers of attorney, estate administration, tax planning, real estate matters, and business succession planning. The firm’s estate planning team includes attorneys with advanced tax degrees, and some attorneys are also Certified Public Accountants.
Learn more about the firm’s estate planning services:
https://www.gibperk.com/estate-planning-attorneys-in-media-pa/
Learn about Edward L. Perkins:
https://www.gibperk.com/media-pa-attorney-edward-l-perkins/
Call Gibson & Perkins, PC at (610) 557-1977 to discuss your estate planning needs.
Contact the firm:
https://www.gibperk.com/contact/
This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Consult an attorney about your specific circumstances.