Living Trusts Explained: Avoiding Probate and Ensuring Your Wishes Are Followed

Posted on April 14, 2025 by shieldsandboris

Probate is the process through which a deceased person’s estate is finalized. It can be lengthy and complicated in Pennsylvania. For that reason, many people opt for a strategy that helps them limit their estate’s exposure to probate. Living trusts can be one of the most effective tools for avoiding probate and ensuring that your wishes are followed. At The Elder Law Offices of Shields & Boris, we are committed to helping people and families protect their rights and their financial interests. Here, our Pennsylvania estate planning attorney provides a comprehensive guide to living trusts.

What is a Living Trust?

A living trust (revocable living trust) is one of the most powerful estate planning tools. The Consumer Financial Protection Bureau (CFPB) explains that a living trust allows a person (the “grantor”) to place their assets into a legal entity during their lifetime. The grantor typically serves as both the trustee (manager of the trust) and the beneficiary while alive. In other words, the assets within a revocable living trust are removed from a person’s estate but not their control.

What happens to a revocable living trust when a person passes away? Upon the grantor’s death, a successor trustee takes over the estate planning tool. From there, the successor trust distributes the assets according to the instructions set forth in the trust document.

How a Living Trust Can Help You Avoid Probate

In Pennsylvania, the probate process can be time-consuming, confusing, and sometimes expensive. A key point to remember is that probate involves court oversight of the distribution of a deceased person’s assets under a will, or by state law if there is no will.

By placing assets into a revocable living trust, those assets can bypass probate entirely. The trust is a separate legal entity. The property titled in the name of the trust will not be required to go through the probate court when the grantor dies. Instead, the successor trustee can begin managing and distributing the assets right away. No probate court approval is needed.

Three Benefits of Setting Up a Living Trust

Are you considering setting up a living trust as part of your estate plan? It can be a very effective tool to help you control your assets and achieve your goals in a cost-effective, efficient manner. Here are three of the main advantages of a living trust:

Clarify Wishes: To start, one of the most important benefits of a living trust is the clear expression of your wishes. The trust document spells out who should receive which assets, and when. The clarity can help reduce family conflict and ensure that your estate is handled exactly as you intended. Your living trust should ensure that your wishes are followed.
Avoid Probate: As noted previously, another one of the central advantages of a living trust is that it can avoid probate when it is properly set up. Notably, this benefit can be particularly valuable if you own property in multiple states. The reason is that probate proceedings would otherwise be required in each individual jurisdiction.
Retain Control: Finally, a revocable living trust is so named because it allows you to retain full control over your property during the course of your lifetime. You can buy, sell, spend, or transfer trust assets at any time. If your situation or wishes change, you can amend or revoke the trust entirely. Flexibility is a big benefit of a living trust.

Know the Big Limitation of a Living Trust: Poor Asset Protection

While a revocable living trust is an estate planning tool that offers many benefits, it does not provide strong asset protection. Here is the reason why: A living trust allows you to maintain control over the trust during your lifetime, and that means that the assets are still considered part of your estate for legal and tax purposes. Why does that matter? Creditors can still reach those assets if you are sued or if you owe debts.

Revocable trusts are simply not the best option for asset protection. In contrast, irrevocable trusts—which permanently remove control from the grantor—offer far better and more comprehensive asset protection. Of course, there are trade-offs. Irrevocable trusts provide asset protection at the cost of flexibility. If protecting your assets from potential creditors or lawsuits is a high priority, a living trust may not be the best tool on its own. Other trusts may be better options.

Is a Living Trust the Right Option for Every Estate Plan

A living trust can be a great solution for many Pennsylvania residents, but it is not ideal for every situation. Estate planning is always case-by-case. If your estate is relatively simple, a well-drafted will combined with beneficiary designations and joint ownership may actually achieve your goals without the complexity of a trust. On the other hand, if you have significant assets, real estate in more than one state, or concerns about probate delays, a living trust may offer clear advantages.

Why Trust The Elder Law Offices of Shields & Boris for Living Trusts

Living trusts can be a highly effective estate planning tool—especially for avoiding probate. If you are considering setting up a living trust, it is important that you do it the right way. You do not have to figure out a living trust on your own. At The Elder Law Offices of Shields & Boris, we are proud to be Western Pennsylvania’s elder law and estate planning firm. Our living trust attorneys have the knowledge and expertise that you and your family can rely on. An initial consultation with our Pennsylvania elder law attorney is confidential and carries no obligations.

Contact Our Western Pennsylvania Elder Lawyer Today

At The Elder Law Offices of Shields & Boris, our Pennsylvania elder lawyers have extensive experience with living trusts. If you have any specific questions or concerns about living trusts, we can help. Give us a call at (724) 268-4921 or contact us online for a fully confidential consultation. We provide elder law representation throughout Western Pennsylvania.

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