As the leaves begin to turn and the pace of life shifts with the start of fall, many Texans use this season to get organized—financially, legally, and personally. One of the most important items to review or finally get started is your estate plan. But if you're beginning your planning journey, a common question arises: Should I have a will, a trust, or both?

At the Law Office of Janelle Cremé, we help clients every day navigate the pros and cons of wills and trusts in Texas, so they can protect their families and preserve their legacies with confidence. Below is a practical guide to help you understand the difference and decide what’s best for your situation this fall.

📜 What Is a Will?

A will is a legal document that outlines how your assets will be distributed after your death. It also allows you to name guardians for your minor children and appoint an executor to carry out your wishes.

✅ Benefits of a Will:

• Simpler and more affordable to draft

• Suitable for straightforward estates

• Allows you to name guardians for children

• Legally recognized throughout Texas

⚠️ Limitations:

• Must go through probate (a court-supervised process)

• Public record

• Offers no protection if you become incapacitated

➡️ If your estate is relatively simple and you haven’t yet created any documents, a will is a good first step. But it’s not always enough—especially for those who want to avoid probate or keep matters private.

🏠 What Is a Trust?

A trust is a legal arrangement where one party (the trustee) holds and manages assets on behalf of another (the beneficiary). The most common type in Texas is a revocable living trust.

✅ Benefits of a Trust:

• Avoids probate entirely, saving time and court costs

• Keeps your affairs private (not a public record like a will)

• Allows for incapacity planning (you can name a successor trustee if you’re unable to manage your affairs)

• Offers more control over when and how assets are distributed

⚠️ Considerations:

• More complex and costly to set up than a will

• Must be properly funded (assets need to be retitled in the trust's name)

➡️ Trusts are often recommended for families with minor children, blended families, business owners, or anyone who wants to keep their estate private and avoid the time and cost of probate.

⚖️ Wills vs. Trusts in Texas: A Quick Comparison

🍂 Fall Is the Time to Act

With the holidays on the horizon and the end of the year fast approaching, September and October are ideal months to sit down with an experienced trust attorney in Texas and create or update your estate plan. Whether you choose a will, a trust, or a combination of both, the key is to have a legally sound plan in place before it’s needed.

🤝 Let’s Build the Right Plan for You

At the Law Office of Janelle Cremé, we provide personalized estate planning advice in Texas tailored to your family, assets, and long-term goals. We’ll help you understand the pros and cons of wills and trusts in Texas and build a plan that protects your legacy—this fall and beyond.

 

📞 Ready to take the next step?
Contact the Law Office of Janelle Cremé today to schedule your consultation with a dedicated trust attorney in Texas. Let’s make this the season you protect your family’s future with clarity and confidence.