Many people assume that once they sign a will, their estate plan is “done.” But the truth is, a simple will—on its own—often falls short of protecting your assets, your loved ones, and your intentions.
Here’s what you need to know about what a will can and cannot do—and what additional tools you may want to consider if your goal is true peace of mind.
A Will Still Goes Through Probate
A will doesn’t avoid probate. In fact, it sends your estate directly into the Massachusetts probate court system. Probate can be slow, public, and expensive. Depending on the situation, it may take several months (or even longer) for your heirs to receive what you’ve left behind.
Even when uncontested, probate introduces legal fees, court filings, and potential delays that may catch your family off guard.
A Will Doesn’t Cover Everything You Own
Not all assets pass under the terms of your will. Some property passes outside of probate through joint ownership, beneficiary designations, or transfer-on-death titles. If your estate plan doesn’t account for these separately, the outcome might not match your intentions.
This is especially common with life insurance, retirement accounts, and jointly owned real estate.
A Will Doesn’t Help During Your Lifetime
Your will only takes effect when you die. That means if you become incapacitated due to illness or injury, a simple will offers no protection. Without legal documents like a durable power of attorney or health care proxy, your loved ones may be forced to seek court intervention just to manage your affairs or make medical decisions.
If your plan doesn’t address incapacity, you may be leaving a big gap.
Trusts and Powers of Attorney Can Fill the Gaps
For clients looking to avoid probate, simplify transitions, or prepare for incapacity, trusts and powers of attorney can be essential tools.
While every situation is different, here’s how wills, trusts, and durable powers of attorney compare at a glance:
| Estate Planning Tool | Goes Through Probate? | Handles Incapacity? | Can Manage Assets Before Death? | Effective Immediately? |
| Simple Will | Yes | No | No | No |
| Revocable Living Trust | No | Yes | Yes | Yes |
| Durable Power of Attorney | N/A | Yes | Yes | Yes |
Understanding these differences helps you make more informed choices. A will is a critical document, but it’s only one piece of the larger estate planning puzzle.
Take the Next Step
If your estate plan consists of a will alone, now’s the perfect time to revisit it. We can help you assess whether a trust, power of attorney, or health care directive is right for your situation.
At Jordan & White, we don’t believe in one-size-fits-all plans. We believe in helping you plan for a great life, today and tomorrow. Call us at 978-744-2811 or visit our Contact Us page to set up a meeting.