Wills and Trusts

Essential legal tools to protect your legacy and provide for your loved ones

Creating a Solid Foundation for Your Estate Plan

Wills and trusts form the foundation of most estate plans. These powerful legal tools help ensure your assets are distributed according to your wishes, your loved ones are protected, and your estate avoids unnecessary taxes and probate costs.

Wills vs. Trusts: Understanding Your Options

While both wills and trusts can transfer your assets to beneficiaries, they function differently and serve different purposes. At Ozark Trust & Estate, we help you determine which documents are right for your specific situation and goals.

Wills

Take effect only after death
Must go through probate
Become public record
Name guardians for minor children
Relatively simple to create
Can be changed anytime while you're alive

Trusts

Can take effect during your lifetime
Avoid probate when properly funded
Remain private
Provide more control over asset distribution
Can manage assets if you become incapacitated
More complex to set up but offer greater benefits

Our Wills and Trusts Services Include:

Simple and Complex Wills

From basic wills for straightforward estates to complex wills with testamentary trusts for more sophisticated planning needs.

Revocable Living Trusts

A flexible trust that allows you to maintain control of your assets during your lifetime while avoiding probate and providing for seamless management if you become incapacitated.

Testamentary Trusts

Trusts created within a will that only take effect after your death, often used to manage assets for minor children or beneficiaries with special needs.

Special Needs Trusts

Specialized trusts that provide for loved ones with disabilities without disqualifying them from receiving government benefits.

Spendthrift Trusts

Trusts designed to protect assets from beneficiaries who might mismanage their inheritance or from creditors seeking to collect from beneficiaries.

Trust Funding Assistance

Help with the critical process of transferring your assets into your trust, ensuring your trust works as intended and your estate avoids probate.

Common Questions About Wills and Trusts

Do I need both a will and a trust?

Many people benefit from having both. Even if you have a trust, a "pour-over" will ensures any assets not transferred to your trust during your lifetime will be "poured over" into your trust after death.

What happens if I die without a will or trust?

Your assets will be distributed according to state intestacy laws, which may not align with your wishes. The court will also decide guardianship of minor children without your input.

How often should I update my will or trust?

We recommend reviewing your estate plan every 3-5 years or after major life events such as marriage, divorce, birth of children, significant changes in assets, or relocating to a different state.

Ready to Secure Your Legacy?

Schedule a Consultation