At Vick Law, we hear this question all the time:
“Do I really need a will or trust?”
It usually comes from a well-meaning parent, a busy adult child, or a couple in their 60s who’ve put off planning because “we’re not rich” or “we’ll get to it eventually.” But the truth is, every family—no matter the size of your bank account—needs some form of estate plan. And waiting too long can leave your spouse, kids, or aging parents dealing with court delays, legal fees, and unnecessary stress.
If you live in Greenwood, Johnson County, or the Southside of Indianapolis, here’s what you need to know about wills, trusts, and planning ahead.
What Happens If You Don’t Have a Will or Trust in Indiana?
If you pass away without a valid will or trust, the State of Indiana—not your family—decides how your assets are distributed. This is called dying “intestate.” And while state law tries to be fair, it doesn’t know your wishes, your family dynamics, or who you’d trust to care for your children or manage your affairs.
Let’s say you’re married with kids. Many people assume their spouse will inherit everything. But in Indiana, that’s not always the case—especially if you have children from a prior marriage or own certain types of property.
Without a plan in place, your family may:
- Have to go through probate court, which can be time-consuming and public
- Face confusion or conflict over who’s in charge
- Lose out on Medicaid benefits due to assets being titled improperly
- Miss key opportunities to avoid taxes or protect a home from creditors
Will vs. Trust: What’s the Difference?
A will is a written document that states who should inherit your property and who should care for any minor children. Wills:
- Go through probate
- Only take effect after death
- Do not help avoid nursing home spend-downs
A trust is a legal entity that holds assets during your lifetime and distributes them according to your instructions. Trusts:
- Can help avoid probate
- May allow your loved ones to access assets faster
- Can be designed to protect your home and savings from long-term care costs
- Give you more control over how and when assets are used
If you’re concerned about nursing home expenses, blended families, or managing assets after death, a revocable living trust or Medicaid Asset Protection Trust may be worth considering.
Do I Need Both?
Not always—but many Indiana families do benefit from having both a will and a trust, especially if:
- You want to avoid probate
- You have children or grandchildren
- You own a home, rental property, or a small business
- You’re caring for a spouse with health concerns
- You want to protect your estate from future nursing home costs
Your plan should reflect your specific situation—not a one-size-fits-all document pulled from the internet.
What About Power of Attorney and Healthcare Planning?
Wills and trusts only go so far. A complete estate plan also includes:
These are just as important as your will—because planning isn’t just about what happens when you pass away. It’s about protecting you while you’re still here too.
Let’s Make Sure Your Family Isn’t Left With Chaos
Nobody likes thinking about death or disability—but leaving your loved ones without a plan is much worse. The paperwork matters. The timing matters. And the guidance you get along the way makes all the difference.
At Vick Law in Greenwood, Indiana, we help families all across Johnson County and South Indy get their affairs in order—clearly, compassionately, and without all the legal jargon.
You don’t have to figure this out on your own.
Ready to protect what matters most?
📞 Call Vick Law today at (317) 884-3133
📍 Or visit our office in Greenwood to schedule your estate planning consultation.
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If you need a Will or Trust near Greenwood contact us today. Let’s make sure your spouse, children, and legacy are taken care of—without the mess and stress
