Will vs. Trust: Which One Is Right for You in Rhode Island?
When it comes to planning your estate, two of the most common tools are wills and trusts. Both serve important roles, but they work very differently — and choosing the right one depends on your assets, goals, and family situation.
In this blog, we’ll explain the key differences between wills and trusts in Rhode Island, and how a knowledgeable estate planning attorney can help you make the best decision for your future.
What Is a Will?
A will is a legal document that outlines:
Who should receive your assets after your death
Who you appoint as guardian for minor children
Who will act as the executor of your estate
Wills go through probate, the court-supervised process of validating the document, paying debts, and distributing assets.
Pros of a Will:
Simpler and more affordable to create
Allows you to name guardians for children
Suitable for basic estates or individuals with fewer assets
Cons of a Will:
Must go through probate (which can take months)
Becomes a public record
Offers limited protection for incapacity during your lifetime
What Is a Trust?
A trust is a legal arrangement in which a trustee holds and manages property for beneficiaries. The most common estate planning trust is a revocable living trust, which you can change during your lifetime.
Trusts help bypass probate and provide greater control over how and when your assets are distributed.
Pros of a Trust:
Avoids probate
Keeps your estate private
Provides planning for incapacity
Allows for more complex instructions (e.g., staggered inheritance for children)
Cons of a Trust:
More expensive and time-consuming to set up
Requires ongoing maintenance (like funding the trust with assets)
Does not appoint guardians for minor children (you still need a will for that)
Will vs. Trust in Rhode Island: Key Differences
Feature | Will | Revocable Trust |
Probate | Required | Avoided |
Effective | At death | Immediately upon creation |
Privacy | Public record | Private |
Incapacity protection | No | Yes |
Asset control | After death only | During life and after |
Minor child guardianship | Yes | No (needs a will) |
Do I Need Both a Will and a Trust?
Often, the best estate plans in Rhode Island include both a will and a trust. This is known as a pour-over will, which acts as a backup to ensure any assets not titled in the trust are still transferred properly after death.
Your estate plan may also include:
Power of Attorney for financial decisions
Healthcare Proxy and Living Will
HIPAA Authorization
Trust funding assistance
At Almagno Law, we help you decide what combination of documents best meets your needs.
When a Trust May Be the Better Option
A trust might be right for you if:
You want to avoid probate and keep your estate private
You own property in multiple states
You have a blended family or complex family dynamics
You want to protect heirs from poor spending habits
You are concerned about incapacity or long-term care
A will alone is often not enough in these cases. A Rhode Island estate lawyer can guide you through trust creation, funding, and administration.
The Cost of Doing Nothing
Whether you choose a will, a trust, or both — the worst option is doing nothing at all. Without a valid estate plan:
Your assets may be distributed according to Rhode Island intestate laws
The court decides who gets what
Minor children could end up with guardians you wouldn’t have chosen
Your family could face delays, confusion, and unnecessary stress
Start Planning With Almagno Law
Estate planning doesn’t have to be complicated or overwhelming. At Almagno Law, we make the process clear, confidential, and tailored to your life. Whether you need a simple will or a comprehensive trust-based plan, we’re here to help.
Read our testimonials and view case results to see how we’ve helped Rhode Islanders like you.
Still have questions? Visit our FAQs, explore our legal blog, or contact us to schedule a consultation today.
Legal Disclaimer
This blog and the information contained on this website are for informational purposes only and do not constitute legal advice. Reading this blog does not create an attorney-client relationship with Almagno Law or any of its attorneys. If you need legal advice, please contact an attorney licensed to practice in your jurisdiction.
