Trusts vs Wills: A Better Way to Protect Your Kids in Michigan
Aaron Kendal
Imagine you and your spouse are driving home to your kids in Bloomfield Hills. You assume that the “we’ll get to it later” you signed at the hospital is enough. Then something happens, and suddenly that simple will has to do some very heavy lifting. Your children inherit on paper, but in real life, their money is tied up in court, delayed by probate, and overseen by a judge who has never met your family. A trust can turn that stressful situation into a much calmer one.
Wills and trusts
A will is a set of instructions that the probate court follows after you pass away. It only takes effect after your death, and in Michigan, it must go through the probate process, which involves court oversight, filing fees, delays, and public records. A trust is a legal container you set up while you are alive that can hold and manage your assets for your family. It does not go through probate if it is set up and funded correctly, which helps your loved ones receive support more quickly and privately.
With a will alone, your loved ones may need to open a probate case, work with the court for months, and wait for approval before assets can be distributed. With a trust, your chosen trustee can step in, follow your instructions, and provide for your children with far less court involvement.
Quick comparison for Michigan families
Here is a simple look at how a will and a trust typically work for a young family in Michigan:
This is why so many young parents in Michigan decide they would rather have a trust working in the background than rely on a will alone.
Why trusts shine for families with minors
One of the biggest advantages of a trust for young parents is the ability to name a trustee you know and trust to manage money for your children until they are truly ready to handle it. You can have the trust hold assets and distribute them gradually for things like school, activities, health care, and housing until your children reach an age you choose, such as 25 or 30. That can prevent an 18-year-old from suddenly receiving a large inheritance all at once.
A trust can also provide protection if you become incapacitated. If you are in an accident and unable to manage your finances, your successor trustee can step in and keep things running for your family without needing a separate court process. Over time, the costs of setting up and maintaining a trust are often much lower than the combined legal fees, court costs, and delays your family might face in probate.
Many young families I work with in Southeast Michigan feel a sense of relief once their trust is in place. One couple shared that they had put estate planning off for years, but after we set up their trust, they slept better knowing their children would be taken care of and that someone they chose, not the court, would be in charge of the money.
A real-world Michigan scenario
Picture a young family in Troy who own a home, have some life insurance, and a bit of savings. With a will only, if both parents pass away, their estate would typically need to go through Michigan probate. That process can easily run six to eighteen months before everything is fully wrapped up, especially if there are questions about guardians, conservators, or how money should be used.
If that same family has a properly funded trust, they can title their Troy home into the trust and direct life insurance and other accounts into it. When the time comes, the trustee can manage the house, pay bills, and use the funds for the children according to clear instructions, all without waiting on the probate court at every turn.
Next steps for parents
If you already have a will, that is a good start, but it may not be enough to protect your children the way you intend. This is especially true if you own a home or have life insurance that would leave a meaningful amount to your kids. Reviewing your plan to see whether a trust makes sense for your family is an important next step.
I help young families in places like West Bloomfield, Rochester Hills, and throughout Oakland, Wayne, Macomb, and Washtenaw Counties create trusts that match their real-world needs, not just legal checkboxes. If you would like to explore whether a trust is right for your family, I invite you to schedule a free consultation so we can talk through your specific situation and design a plan that gives you, and your kids, more peace of mind.
