Don't Let a Court Decide Who Raises Your Kids or Gets Your House
A trust, a will, and a power of attorney aren't just paperwork — they're what keeps your family out of probate court, in control of your assets, and protected from unnecessary delay, cost, and conflict.
Watch This Before Anything Else: What Is Probate?
No jargon, no sales pitch — just a simple, honest explanation of what probate actually is, why it happens, and how a trust helps your family avoid it entirely. Watch it first, then explore the rest of the page at your own pace.
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You don't need to be wealthy to need a plan. You just need people you love.
Trusts, wills, and powers of attorney aren't just for large estates — they're for anyone who wants to decide, in writing, who raises their kids, who makes decisions if they can't, and who gets what they've built.
- You have minor children and haven't named a guardian in writing
- You own a home, retirement account, or business you want to keep out of court
- You want your family spared months of delay and public court records
- You want a plan you can actually explain to your family in plain English
What Is Probate, and Why Does It Happen?
Probate is the court process that decides who gets your things and who's in charge — when you haven't already decided that yourself, in writing.
Probate is most commonly triggered by:
- Dying — or becoming incapacitated — without a will
- Beneficiary designations on accounts that were never updated
- Assets titled only in your own name, with no trust or joint ownership
Probate court doesn't just decide who inherits your assets — without a will naming one, it can also be the court, not you, that decides who raises your minor children.
What Probate Costs Your Family
It's rarely just one thing. It's usually all three, at the same time, during the hardest year of your family's life.
Courts commonly take months — sometimes well over a year
Attorney and court fees reduce what's left for the family
Probate is public record — and often when family disagreements surface
A current, sourced probate cost figure is needed before this section is published. We intentionally have not invented a specific percentage or dollar figure here. Actual probate costs vary significantly by state and estate size — ask us on your call for numbers specific to your situation.
With a Trust, Your Family Skips the Court Entirely
Same assets, same family — a completely different experience for the people you love.
Naming a Guardian Is One of the Most Important Things a Will Does
Without a will, a judge who has never met your family decides who raises your children — based on a courtroom process, not on your wishes.
- A will lets you name the specific person you trust to raise your children
- You can also name backup guardians, in order of preference
- Without this in writing, extended family may have to petition the court — sometimes against each other
A note referencing "average age of child" appeared in the source notes for this page without enough context to know exactly what it meant. We've defaulted to reading it as the reason naming a guardian matters most while children are still minors — rather than the typical age parents buy a child a policy (which may belong on the Million Dollar Baby / College Funds page instead). Please confirm before this section is treated as final.
Ask your advisor about our Ethos partnership — clients who fill out their forms today can receive a complimentary Will, Trust, and Power of Attorney.
Probate Cost & Time Estimator
Illustrative only — actual probate cost and timing vary significantly by state, county, and estate complexity.
These ranges are illustrative estimates for educational purposes only, not a quote or guarantee. Probate fees and timelines vary by state law, county court backlog, and estate complexity — ask us for numbers specific to your state.
No Plan vs. Will vs. Full Estate Plan
Here's how each level of planning stacks up on the things that matter most to your family.
| Category | No Plan | Will Only | Will + Trust | Full Estate Plan (Trust + Will + POA + Healthcare Directive) |
|---|---|---|---|---|
| Avoids Probate | — | — | ✓ | ✓ |
| Keeps Details Private | — | — | ✓ | ✓ |
| Names a Guardian for Minor Children | — | ✓ | ✓ | ✓ |
| Controls Incapacity Decisions | — | — | — | ✓ |
| Cost & Time at Death | Highest | High | Low | Lowest |
← Swipe sideways to see the full table →
Illustrative comparison for educational purposes. Specific outcomes vary by state law and how a plan is drafted and funded.
How It Works
From first call to a fully funded plan — here's the path.
We learn your family situation and what matters most to you
Trust, Will, Power of Attorney, and Healthcare Directive drafted for your state
We help retitle assets so the trust actually works when it needs to
We check in as your family and assets change over time
Strategies Inside This Category
Trust, Wills & Legacy Planning is a broad category. Here are the specific strategies inside it, each with its own dedicated page.
Charitable Giving Strategy
Build giving into your legacy in a way that can also reduce your tax burden.
Learn More →Private Insurance Strategy
Protect and pass on wealth outside of the public probate process.
Learn More →Trust Strategy
The core vehicle that lets your assets skip probate and pass directly to family.
Learn More →Wills & Estate Documents
The foundational documents — will, POA, and healthcare directive — every adult needs.
Learn More →More Short Videos, Explained Simply
No pressure, no jargon — just clear explanations before you ever get on a call with us.
We're Here to Provide Value and Make an Impact
A trust and will are often just the first piece. Here's the rest of what we help families build.
Backed by the Companies Families Already Trust
In partnership with Ethos — a technology platform backed by venture firms including Sequoia Capital and SoftBank — and 25+ A-rated, Fortune 500 financial institutions.
Meet Natalie Taylor
Natalie is a Licensed Financial Professional and Tax Strategist with a career spanning Wall Street, global entrepreneurship, and corporate strategy. She founded Winning in Wealth Now to give professionals, business owners, and retirees a one-stop shop for tax-advantaged strategies, protected growth, and the estate planning documents that keep their families out of court.
She has been featured in Yahoo Finance, ABC/FOX, and Black Enterprise, and has guided thousands of individuals and businesses through Winning In Wealth Networks' programs, including Life Architect and the Multi Six Figures Society.
Trust & Wills, in Plain English
A will alone still has to go through probate court. A trust is what actually lets your assets skip that process and pass directly and privately to your family. Most complete plans use both, along with a power of attorney and healthcare directive.
A will takes effect after you pass and is filed with probate court. A living trust takes effect while you're alive, lets a successor trustee step in if you're incapacitated, and lets assets pass to your family without probate at all.
A court decides who raises them, based on a legal process rather than your personal wishes. A will lets you name the guardian you trust — and backup guardians — in writing, ahead of time.
It depends on the type of trust and when it was set up — this is a nuanced, state-specific area of planning. A standard revocable living trust does not, by itself, shield assets from Medicaid spend-down. Ask us about how this fits with Long-Term Care planning for your specific situation.
It depends on your state and how many documents you need, but many clients qualify for a complimentary Will, Trust, and Power of Attorney through our Ethos partnership when they complete their forms. Ask us on your free call.
Related Articles
A few more reads on protecting your family and your legacy.
Estate Planning Isn't Just for the Wealthy: It's for the Intentional
Why a trust and will are about intention, not net worth.
Read More →
What Is Final Expense Insurance? Protecting Your Family From the Cost of Goodbye
An adjacent way to protect your family from unexpected costs.
Read More →
Mortgage Protection: Making Sure Your Family Never Loses the Home
Another layer of family protection worth knowing about.
Read More →What Would Happen to Your Family Tomorrow, Without a Plan Today?
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