Myths vs. Reality: What a Trust Actually Does

May 1, 2026

A survey by SmartAsset shows that over 60% of Americans with estates exceeding $500,000 opt for a living trust instead of a will. A key reason is that trusts avoid probate, which can reduce delays and eliminate fees that typically range from 3% to 7% of an estate’s value.

Simply put, an estate planning trust is a structure that holds assets, such as property, cash, and investments, in the care of a trustee and directs how they are managed and distributed. A trustee oversees those assets on behalf of beneficiaries, following the terms set by the person who created the trust. “People think trusts are about wealth,” said Terry Ruhe, senior vice president at U.S. Bank. “They’re really about control—who gets what, when, and under what conditions.”

Myth: All trusts are the same
Reality: The structure determines how assets are treated, taxed, and distributed.

Trusts can vary, so choose one that best suits your beneficiaries’ needs and assets.

The revocable living trust is the most common selection because it is flexible and administratively efficient. Such trusts allow changes at any time, and you retain full control. Because you retain control over a revocable trust, the IRS treats its assets as if you still own them. Income is reported on your personal return, and assets remain part of your taxable estate. If you are looking for tax advantages, this type of trust does not offer any.

Irrevocable trusts are used for specific outcomes such as estate tax reduction or asset protection. Irrevocable trusts require giving up control of the assets placed into them. In return, they may reduce estate taxes and provide a level of protection from creditors. Irrevocable trusts can reduce estate taxes, but only when structured correctly and used in the right context. For many estates, the federal estate tax is not triggered, which makes this benefit irrelevant. “Trusts don’t eliminate taxes by default,” Ruhe said. “They have to be designed with that objective in mind.” Changing the terms of this trust at any time is a complex legal process.

A special needs trust allows a beneficiary to receive support without losing eligibility for public benefits. Charitable trusts direct assets for philanthropic purposes. Generation-skipping trusts are used to transfer wealth across multiple generations with tax considerations. “The structure should match the objective,” Ruhe said. “Not the other way around.”

Myth: Trusts are only for the wealthy
Reality: The most common trust is used for administrative efficiency rather than wealth preservation.

Even a modest estate that includes a home, a few accounts, or dependents can benefit from avoiding probate. “Trusts are not just for large estates,” Ruhe said. “They are often used to simplify administration and provide continuity.”

If you have minor children, a trust allows you to control when and how assets are distributed instead of transferring them outright at age 18. If you want someone to step in and manage finances in case of incapacity, a trust allows that transition without court involvement. If you own property in more than one state, your estate may be subject to multiple probate proceedings.

Myth: A will does the same thing
Reality: A will directs assets after death. A trust governs assets before and after.

A will must go through probate, while a trust does not. A trust can manage assets during incapacity and control how distributions are made over time. A will cannot do either without court involvement. Most plans include both documents. The trust handles the assets. The will addresses anything left outside it.

Myth: Trusts are too expensive
Reality: Costs are tied to complexity, and the alternative has its own costs.

A basic revocable trust often costs between $1,000-$4,000. More complex trusts can exceed $10,000, particularly when tax planning is involved. The comparison most people overlook is probate. Court costs, attorney fees, and delays can be significant, especially when real estate is involved. Even in simpler jurisdictions, probate still requires time and administration.

Myth: Creating trust is complicated
Reality: The process is structured. The follow-through is where problems occur.

A trust is created through drafting and signing. After that, assets must be transferred into it. This includes retitling accounts and updating property ownership. Assets left outside the trust may still go through probate, even when a trust exists. Download a checklist to see what is involved in setting up a trust.

“On its most basic level, estate planning allows anyone to have the ability to determine and communicate to the rest of the world how they want their assets to be handled upon their passing,” says Christina Rosas, a member of Bond, Schoeneck & King in Melville.

Myth: Trusts only matter after death
Reality: Much of their value shows up during life.

A trust allows for immediate management of assets if the grantor becomes incapacitated. This avoids court-appointed guardianship and allows for continuity in financial decisions.

Myth: Once it’s set up, it runs itself
Reality: A trust still requires administration.

The trustee is responsible for gathering and safeguarding assets, paying expenses, maintaining records, and making distributions in accordance with the document. They may need to oversee investments, document distributions, and, in the case of irrevocable trusts, file separate tax returns. Trusts should be reviewed every 3–5 years, or sooner if there is a major life change such as a marriage, divorce, birth, death, relocation to another state, or a significant change in assets. Laws change as well, which can affect how a trust functions. Annual check-ins include confirming that assets remain properly titled in the trust, beneficiary designations remain aligned, and the named trustee remains appropriate.

Myth: Setting up a trust is enough
Reality: A trust works only if assets are aligned with it and kept current.

If accounts, property, or beneficiary designations are not coordinated with the trust, those assets may bypass it entirely. This is one of the most common issues. Many trusts are only partially funded, which results in a mix of probate and non-probate administration.

Over time, trusts should be reviewed as assets and circumstances change. The document can be updated, but only if someone revisits it. What matters is not whether a trust exists, but whether it is aligned with the assets, structured for the right purpose, and carried through in practice.

Keep your records safe

InsureYouKnow.org is a safe place to store all the information in case you need to access it remotely – or from the comforts of your own home. The documents are password-protected and use Amazon Cloud encryption to secure each password-protected account. Your password is not known to the site. Only you or someone you share the password with can access your account.

Who is the record keeper?

September 17, 2019

Do I really need to keep this? …yes….Now where should I keep this? In the information age it seems like there is more to keep track of – but when we come down to basics there are still basic documents that we all have and need, and need to be able to find. There is a lot of information online – bank statements, mortgage payments, bills, paystubs – but what happens when your circumstances change or the information system shuts down. Is there a way for you to get what you need – or your family members?

• Weeks. Paper receipts. The grocery store, gas, eating out. These receipts are not necessarily for long term record keeping – but they help when the credit card statement and balancing the checkbook routine comes. According to Experian research – the average U.S. consumer has an average balance of $6,354 on their credit cards. Without the paper receipts to verify transactions – the extra $100-$300 in excess charges or fraud may not be detected. After the monthly verification – the paper receipts can be discarded. Preferably in the shredder.

• Years. The ones that come to mind are the tax returns, mortgage payments and warranties. These are usually in a drawer or stuffed in a cupboard – “somewhere” and may not be accessible in an easy way. The ones that slip the mind and can be difficult to keep track of are the medical bills and plans. Even if you have changed employers, doctors or plans – there is no record of your medical history and payments other than you. Pre-existing conditions or the blood-test that didn’t get sent to the insurance company can come back years later when you interact with the same providers again. Suze Orman has an article on other documents that we should have in our record box.

• Forever – These are the one that we mention on most of our blogs and the things that are, hopefully, in our safe places. Give yourself time to get these together. Your birth certificate (and those of your household), Marriage License(s),(it is key to continue to keep the marriage license of previous marriages even if they have been officially annulled),  the Adoption papers and Death certificates. Wills and Death certificates (of anyone that may be connected to your life and could have influence in your future holdings). To get a copy of most of these documents – you need to make a request at the county where the event occurred. This can be tricky when a person is born or dies in a place other than their usual place of residence. If you are unable to physically go to the county clerk office – there are third-party groups that, for a processing fee, will be able to help you get the documents you need.

As you hit the deadlines of storage – don’t forget to dispose of your paperwork carefully. Saving the planet by utilizing the recycling bin is all in good nature, but identity theft is real and has happened to 1 out of every 15 Americans. Consider investing in a home shredder that can be used on a daily basis. Alternatively there are often community shredding services multiple times a year when you can take boxes of paperwork to be safely shredded. For a fee, local office supply stores will also shred important documents.

As you reach to begin the record keeping process and shred those papers, remember InsureYouKnow.org product offerings may be your answer. It’s a safe place to digitally store all the information in case you need to access it remotely – or from the comforts of your own home. Taking stock of your records, memories and your current resources with an annual plan, may provide the peace of mind you’ve been looking for.

6 Reasons You Should Hire a Lawyer to Write Your Will

October 15, 2018

It’s easy to procrastinate when it comes to writing your will. Not only is it unpleasant to think about your own death, but also determining how to distribute your assets sounds like a complicated process. You may not even know where to begin.

But begin you must. Creating a will and storing it somewhere safely like InsureYouKnow.org is one of the most important things you can do for your loved ones. A will ensures your wishes are carried out as you intended and your family is provided for and protected once you are gone.

Luckily, writing a will is actually a fairly simple process—especially if you get professional assistance. While you may be tempted to write one yourself using one many of the do-it-yourself kits available online, hiring an attorney who specializes in estate planning usually is the wisest decision.

Here are 6 reasons you should hire a lawyer to write your will:

1. Your estate is complicated. If you have a very simple estate, you may be able to write your own will. But in general, that applies to a small pool of people. If you have significant assets, minor children, your own business, or other complicating factors, you definitely want to let a professional handle your will.
2. You don’t want any mistakes. When it comes to your will, you want to make sure all your i’s are dotted and t’s are crossed. From getting the wording exactly right to making sure all your documents are properly signed and witnessed, there are a lot of steps involved in creating a valid will. Make sure it’s done right the first time so your loved ones aren’t dealing with a headache later.
3. You want to save money. True, hiring an attorney isn’t cheap. Generally speaking, a lawyer will probably charge around $1,000 to draft your will—and it might cost more depending on your circumstances. But a lawyer also will talk you through various tax strategies that can save you and your family money in the long term.
4. You need more than a will. When you use a basic template or create your will online, you’re getting a will. End of story. But an attorney will help you create a comprehensive estate plan. This will include your will along with a number of other important documents, such as a health care power of attorney and a financial power of attorney.
5. You don’t know all the laws. Legal documents are complicated. Different states have different requirements. And the laws are always changing. There’s a reason lawyers are paid the big bucks: They know the laws, and they stay on top of them. A lawyer will worry about the details on your behalf.
6. You haven’t thought everything through. You have a basic plan for your assets. You know who’s getting the house and how your savings will be divided up. Great! But who’s going to take care of your dog? What happens if you outlive one of your heirs? Lawyers have seen all these situations play out in real life and know how to address them in your estate plan.

Once you’ve created all your estate plan documents, it’s important to store them in a safe place and let your loved ones know where they are. At InsureYouKnow.org, we promise to keep all your critical files safe and secure. Simply upload your documents to our portal and let someone you trust know how to access them. Life is complicated; we help you uncomplicate it.