When planning your estate, one of the most important decisions you’ll face is whether to create a will, a trust, or both. Each tool serves a distinct purpose in estate planning, and understanding the key differences can help you make the best decision for your family and your legacy.

At Blackford & Flohr, a trusted estate planning law firm in Maryland, we frequently help clients navigate the complexities of wills and trusts. Whether you’re in Annapolis, Severna Park, Baltimore, or Anne Arundel County, our experienced attorneys are here to guide you through your options with clarity and compassion.

In this post, we’ll explore the differences between wills and trusts, how each functions, and which might be right for you.

What Is a Will?

A will is a legal document that outlines your wishes regarding the distribution of your assets after your death. It can also designate guardians for minor children, name an executor to carry out your instructions, and express other posthumous desires.

Key Features of a Will:

• Goes into effect after death
• Names an executor
• Designates beneficiaries for assets
• Can appoint guardians for minors
• Must go through probate

Pros of a Will:

• Simple and inexpensive to create
• Easy to update
• Clearly outlines your final wishes

Cons of a Will:

• Must go through Maryland probate court, which can be time-consuming and costly
• Becomes public record
• Does not cover assets held jointly or in a trust

What Is a Trust?

A trust is a legal arrangement in which one party (the trustee) holds and manages assets on behalf of another party (the beneficiary). Trusts can be created during your lifetime (living trusts) or upon your death (testamentary trusts).

Key Features of a Trust:

• Can go into effect during your lifetime
• Avoids probate
• Can provide long-term asset management
• Can remain private

Common Types of Trusts:

• Revocable Living Trust: Can be altered or revoked during your lifetime.
• Irrevocable Trust: Generally cannot be changed once established.
• Testamentary Trust: Created through your will and activated after death.
• Special Needs Trust: Provides for disabled beneficiaries without affecting benefits.

Pros of a Trust:

• Avoids probate, saving time and money
• Offers greater control over asset distribution
• Maintains privacy
• Can protect assets from creditors or lawsuits

Cons of a Trust:

• More expensive and complex to establish
• Requires ongoing management
• Not necessary for smaller estates

Key Differences Between a Will and a Trust

Feature	Will	Trust
Effective Date	After death	Can be during life or after death
Probate	Required	Avoided (in most cases)
Privacy	Public record	Private
Cost to Create	Less expensive	More expensive upfront
Asset Management	None until death	Allows ongoing management
Contestability	Easier to contest	Harder to contest
Guardianship Designation	Yes	No

Which One Do You Need?

Whether you need a will, a trust, or both depends on your individual situation. For example:

• If you have minor children, you should have a will to designate guardianship.
• If you want to avoid probate in Maryland, consider creating a revocable trust.
• If privacy is a concern, a trust is the better option.
• If you have a small estate, a simple will might be sufficient.

Many estate plans include both a will and a trust. The will serves as a “pour-over” document to handle any assets not placed in the trust.

How Wills and Trusts Work Together in Estate Planning

One of the most common misconceptions is that you must choose between a will and a trust. In reality, wills and trusts often work best together as part of a comprehensive estate plan. Each plays a unique role and offers protections the other may not.

The Role of a “Pour-Over” Will

Even if you establish a trust, you’ll still need a pour-over will to ensure any assets not titled in the trust are handled properly. This type of will directs any remaining assets to your trust upon death, making sure nothing is left out unintentionally.

Coordinating Beneficiary Designations

Assets like retirement accounts, life insurance policies, and jointly owned property pass outside your will or trust by default. It’s important to review and update your beneficiary designations to align with your estate planning goals.

Protecting Minor Children

While a trust can manage assets for children, only a will can designate legal guardianship. Maryland courts prioritize the wishes expressed in your will when determining who should care for your children if something happens to you.

Tax Planning and Asset Protection

In higher-value estates, using both wills and trusts allows for advanced tax planning strategies. Certain trusts, such as irrevocable life insurance trusts (ILITs) or charitable remainder trusts, can reduce estate taxes or protect assets from creditors.

Peace of Mind Through Redundancy

A will without a trust may leave your family navigating probate in Maryland, while a trust without a will may fail to address unexpected assets. Using both gives you layered protection, ensuring your estate is handled smoothly and in accordance with your wishes.

Frequently Asked Questions About Wills and Trusts in Maryland

1. Do I need a lawyer to create a will or trust in Maryland?

While it is possible to create a will or trust on your own using online tools, it’s strongly recommended to work with a qualified Maryland estate planning attorney. Errors in DIY documents can lead to probate complications, legal challenges, or assets being distributed in ways you didn’t intend.

2. What happens if I die without a will in Maryland?

If you die without a will (known as intestate), your estate will be distributed according to Maryland’s intestacy laws. This usually means your closest relatives—spouse, children, or parents—will inherit, regardless of your personal wishes.

3. Can a trust help me avoid probate in Maryland?

Yes. A properly funded revocable living trust allows your assets to pass to your beneficiaries without going through probate, saving time, legal fees, and reducing the stress on your loved ones.

4. What’s the difference between a revocable and irrevocable trust?

• A revocable trust can be changed or canceled during your lifetime and offers flexibility, but it doesn’t shield assets from creditors or estate taxes.
• An irrevocable trust cannot be easily changed and may provide asset protection and tax advantages.

5. Are wills and trusts public in Maryland?

• A will becomes part of the public record once it enters probate.
• A trust remains private, offering confidentiality for your financial affairs and beneficiaries.

6. Can I include digital assets in my will or trust?

Yes. Maryland law allows you to designate a digital executor to manage your online accounts, digital currency, cloud files, and more. A well-drafted will or trust can include instructions for your digital legacy.

7. How often should I update my estate plan?

You should review your estate plan every 3–5 years or whenever you experience a major life event, such as:

• Marriage or divorce
• Birth of a child
• Moving to or from Maryland
• Death of a beneficiary or executor
• Significant change in financial status

Need Help Deciding Between a Will and a Trust?

If you’re unsure which estate planning tools are right for you, we’re here to help. At Blackford & Flohr, we offer personalized consultations to review your assets, family needs, and long-term goals. We take the time to explain your options clearly and build a plan that works for you.

Contact Blackford & Flohr Today

Whether you’re just starting your estate planning journey or need to update your documents, our experienced Maryland estate attorneys are ready to assist. Schedule your consultation today and take the first step toward peace of mind.