Wills vs. Trusts — Which Option Offers Better Protection for Families in Washington, D.C., Maryland, and Illinois?

Wills vs. Trusts: Which Option Offers The Best Protection for Your Family?

Planning for your family’s future can feel like a big step—but it doesn’t have to be overwhelming. One of the first questions many families face is: Should I have a will, a trust, or both? The short answer? Trusts, with pour-over wills, often offer stronger protection—but a well-drafted will might be all your family needs. Let’s break it down together.

At Tiana A. Bey, P.C. (“TAB PC”), we understand that estate planning isn’t just about documents—it’s about people, values, and peace of mind. Whether you want to make sure your children are cared for, safeguard your family’s financial future, or ensure your wishes are followed if you become incapacitated, the right plan can make all the difference.

Each region—Washington, D.C., Maryland, and Illinois—has its own unique estate planning laws and procedures. Knowing how those rules affect you helps ensure that your plans actually work when your loved ones need them most.

In this guide, we’ll walk you through the key differences between wills and trusts, how they operate across these jurisdictions, and how to determine which approach best fits your family’s needs.

What Is a Will?

A will is a written document that outlines your wishes for how your assets should be distributed after your death. It also allows you to name a guardian for your minor children and appoint someone (an executor) to handle your affairs.

In D.C., Maryland, and Illinois, as in most, if not all, states in the U.S., a will must go through probate, the court-supervised process for validating and carrying out the document’s terms. While probate ensures oversight, it can also add time, cost, and administrative burden to your loved ones’ responsibilities.

Key Functions of a Will

A will is essential for:

Naming guardians for your minor children.
Appointing an executor to carry out your wishes.
Distributing personal property and smaller assets.
Providing charitable gifts or instructions for funeral arrangements.

Pros and Cons of a Will

Pros:

Simple and cost-effective to create.
Allows appointment of guardians for children.
Provides clear directions to the probate court.

Cons:

Must go through probate, which can be time-consuming.
Becomes public record.
Offers no protection during incapacity—power of attorney and health directives are still needed.
Provides limited tax and asset protection benefits.

A will is often ideal for families with modest estates valued below the state's probate court exemption threshold, or for those just beginning the estate planning process.

What Is a Trust?

A trust is a legal arrangement that allows a trustee to hold and manage assets on behalf of beneficiaries. Unlike a will, most trusts take effect during your lifetime and continue after your death—often avoiding probate altogether.

Trusts are especially valuable for families who want privacy, smoother administration, and more control over when and how their assets are distributed.

Key Types of Trusts Offered by TAB PC

At TAB PC, we tailor each trust to our client’s unique situation. Some of the most common types include:

Revocable Living Trusts: Provide flexibility and control during your lifetime and help your family avoid probate after death.
Specialized Irrevocable Trusts: Offer strong asset protection for various family needs and situations and possible tax advantages.
Special Needs Trusts: Preserve a loved one’s access to public benefits while providing for their care.
Testamentary Trusts: Created through your will and activated after your death to provide ongoing support for specific beneficiaries, such as children or disabled dependents.
Charitable Trusts: Allow you to leave a legacy of giving while benefiting from potential tax advantages.

When a Will Might Be Better Than a Trust

A will may be the better choice if:

You have a smaller estate and modest assets.
Privacy and probate avoidance are not major concerns.
You want a straightforward, cost-effective plan.
You value simplicity over administrative flexibility.

For many families just starting out—especially younger parents juggling new responsibilities—a will ensures your children and your wishes are protected without overcomplicating your estate plan.

When a Trust Might Be Better Than a Will

A trust may be the stronger option if:

You want to avoid probate.
You own property in multiple states.
You have privacy concerns or want to minimize court involvement.
You have complex family dynamics, like blended families or special needs dependents.
You want to protect assets from creditors or minimize estate taxes.

Trusts provide flexibility and long-term control, ensuring your loved ones are cared for efficiently—and privately—when the time comes.

Why a Combination of Both Is Usually Best

Most families benefit from having both a will and a trust working together. A trust governs most assets during your lifetime and beyond, while a will acts as a safety net to ensure any assets not already in the trust are properly distributed.

This two-part approach provides comprehensive coverage—protecting your family during disability, after death, and throughout the administration process. It also allows you to name guardians for minor children, something a trust alone cannot do.

Plan Today for Peace of Mind Tomorrow

Estate planning is about more than preparing documents—it’s about protecting the people and values that matter most. At Tiana A. Bey, P.C., our compassionate legal team helps families in Washington, D.C., Maryland, and Illinois design estate plans that truly work when life changes or crises occur.

Whether you need a simple will, a detailed trust, or a complete combination plan, we’ll help you find the solution that fits your goals—with clarity, warmth, and care.

Let’s build a plan that gives you peace of mind and protects your loved ones when they need it most.

Contact Tiana A. Bey, P.C. today to begin building a plan that protects what matters most.