Avoids probate
- Will only
- Usually not
- Revocable living trust
- Yes, for assets held in the trust
- Transfer‑on‑death deed
- Yes, for that property only
A will usually means probate court. A living trust may keep your family out of it.
Mack & Associates, LLC helps Kansas families plan revocable living trusts, wills and powers of attorney, from our offices in Topeka, Leawood, Wichita and Dodge City. We’ll explain your options in plain language and help you choose the plan that fits.
Serving families across Kansas from four offices.
Request a consultation
Phone and video meetings are available at all four offices. Request a consultation and we’ll schedule whichever works for you.
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How planning with us works
Talk with an attorney
We learn about your family, your property and what you want to happen. We’ll talk through whether a will or a trust may fit.
Review your plan
We draft your trust or will, powers of attorney and health care documents, then go through them with you until they read right.
Sign and fund it
You sign, and we help move your home and accounts into the trust so it can work as intended when your family needs it.
See what your family might go through
Pick a situation and a plan. The steps change to show what may happen with a will alone and how it might change with a living trust.
Situation
Plan
After you pass away, with only a will
- Your family would typically file your will with the district court to open a probate case. Usually involves court
- The court would typically appoint your executor, and notice would go out to your creditors. Usually involves court
- Your assets may be listed in the court file, which is generally open to the public. Usually involves court
- The court may need to approve the final distribution before your family receives their inheritance. Usually involves court
Probate in Kansas can take several months, and in some cases, years.
After you pass away, with a living trust
- The successor trustee you chose could step in. Assets held in the trust generally don’t need a probate case. Usually no court
- Your trustee would pay final bills and manage the assets under your written instructions. Usually no court
- Your beneficiaries could receive their shares on the schedule you set: all at once, at certain ages, or for specific needs. Usually no court
- The details may stay in the family, with no public court inventory of what you owned. Usually private
Your trustee can often begin promptly, without waiting on a court calendar.
If you can’t manage your own affairs, with only a will
- A will only takes effect after death, so it wouldn’t help here. Good to know
- Without a durable power of attorney, your family may have to ask a court to appoint a conservator for your finances. Usually involves court
- The court would supervise the conservator, which can mean ongoing filings and reports. Usually involves court
- The person managing your money may not be the person you would have picked. Good to know
A durable power of attorney may help, and a trust may go further for assets you’ve placed in it.
If you can’t manage your own affairs, with a living trust
- The successor trustee you named could take over managing trust assets under the terms you wrote. Usually no court
- Bills, investments and your home could keep running without a court appointment. Usually no court
- You can decide in advance who steps in and how your incapacity is determined. Good to know
- If you recover, you can generally take back control. Good to know
Many plans pair a trust with a durable power of attorney and health care directives.
For general information only. This example simplifies what may happen and isn’t legal advice for your situation. For advice, contact our office to speak with an attorney.
When might a trust help your family?
Trusts can help a wide range of families, from homeowners and parents of young children to families with farms, businesses and more complex estates. Check anything that describes you.
Check anything that fits your family
Each one is a situation where planning ahead may make a real difference for the people you leave behind.
Request a consultationWhere a living trust may go further than a will
For most Kansas families, a trust isn’t mainly about taxes. It’s usually about keeping control and keeping your family out of court.
Avoid probate for trust assets
Assets held in your trust can generally pass to your family without a probate case, so they may not have to wait on a court schedule.
A plan if you can’t manage things
If illness or injury leaves you unable to handle your finances, the person you chose can take over managing the trust, usually without a conservatorship case for trust assets.
Your timeline, not a lump sum
You can leave money to children at the ages you pick, protect a share for someone with special needs, or keep a blended family’s inheritance on track.
More privacy
A probate file is generally a public record. A trust’s terms and inventory usually stay within the family.
Wills, trusts and transfer‑on‑death deeds, side by side
Each one has a place. Here’s a general look at where each may fit.
Keeps details private
- Will only
- Usually not, since probate files are generally public
- Revocable living trust
- Usually yes
- Transfer‑on‑death deed
- Partly, the deed is recorded
Helps if you become incapacitated
- Will only
- No
- Revocable living trust
- Yes, your successor trustee can step in
- Transfer‑on‑death deed
- No
Controls when heirs inherit
- Will only
- Only through a trust written into the will, which still goes through probate
- Revocable living trust
- Yes, on the schedule you set
- Transfer‑on‑death deed
- No, the property passes outright
What it covers
- Will only
- Everything in your name alone
- Revocable living trust
- Assets you move into the trust (we help with that)
- Transfer‑on‑death deed
- One piece of real estate
| Feature | Will only | Revocable living trust | Transfer‑on‑death deed |
|---|---|---|---|
| Avoids probate | Usually not | Yes, for assets held in the trust | Yes, for that property only |
| Keeps details private | Usually not, since probate files are generally public | Usually yes | Partly, the deed is recorded |
| Helps if you become incapacitated | No | Yes, your successor trustee can step in | No |
| Controls when heirs inherit | Only through a trust written into the will, which still goes through probate | Yes, on the schedule you set | No, the property passes outright |
| What it covers | Everything in your name alone | Assets you move into the trust (we help with that) | One piece of real estate |
For general information only. Every family’s situation is different, and this comparison may not reflect the right plan for you. For advice about your situation, contact our office to speak with an attorney.
Settling a loved one’s estate?
If someone in your family has died, our probate page walks through the Kansas paths and deadlines, step by step.
Find your probate pathCommon questions
Who might benefit from a trust?
Trusts can help homeowners, parents and families with farms, businesses or more complex estates. Common reasons include avoiding probate, planning for incapacity and controlling how heirs inherit. We’ll tell you honestly if a will may be enough.
What does a living trust cost?
It depends on your situation, which can range from a single home to an estate with a farm or business. We’ll discuss cost with you at your consultation.
Can I change my trust later?
Generally, yes. A revocable living trust can be changed or revoked while you’re alive and able to manage your affairs. You stay in control of your property.
Will a trust save on taxes?
For most Kansas families, probably not. Kansas currently has no estate or inheritance tax, and the federal estate tax applies only to very large estates. The main benefits are usually avoiding probate, privacy and control.
Do I still need a will if I have a trust?
Usually yes. A short “pour-over” will catches anything left outside the trust and names guardians for minor children.
Talk with an estate planning attorney
A conversation with an attorney may help you see which plan fits your family.