When it comes to protecting your loved ones, preserving your assets, and making sure your wishes are honored, a trust can be one of the most powerful tools in your estate planning toolbox. For individuals and families living in Pierce County, Washington, a trust can offer control, privacy, and peace of mind.
At Whalley Law, we help our clients understand how trusts work, which type of trust best fits their situation, and how to build a comprehensive estate plan that ensures a secure future for those they care about most.
Why You Need a Trust in Washington State
Many people believe that estate planning begins and ends with a will. But while a will is important, it may not be enough to fully protect your estate, especially in Washington. A trust allows you to:
- Avoid probate—saving time, money, and hassle for your family
- Protect your privacy—unlike wills, trusts are not public record
- Maintain control—specify how and when assets are distributed
- Provide for loved ones—especially minors, individuals with special needs, or beneficiaries who aren’t financially responsible
- Minimize estate taxes—in larger estates, a trust can offer tax advantages
- Plan for incapacity—if you become unable to manage your finances, a trust ensures someone you choose can step in
In short, a trust gives you more control and flexibility over your estate both during your life and after you pass.
What Happens If You Don’t Have an Estate Plan in Washington?
Without a proper estate plan—which includes a trust when appropriate—your estate may go through the Washington probate process, which can be:
- Time-consuming: Probate can last months or even years.
- Costly: Legal and court fees reduce the value of your estate.
- Stressful: Your loved ones must navigate complex legal systems during a time of grief.
- Public: Probate is a matter of public record, meaning anyone can view details about your assets and beneficiaries.
- Out of your control: The state decides how your property is divided, regardless of your relationships or intentions.
A trust-based estate plan helps you avoid these issues, providing a smoother, more private way to manage your legacy.
What Can Be Included in a Trust?
Trusts can hold a wide range of assets, including:
- Real estate (homes, rental properties, vacation homes)
- Bank accounts
- Investment portfolios
- Business interests
- Vehicles
- Life insurance policies
- Personal property (heirlooms, collectibles, jewelry)
- Digital assets (online accounts, cryptocurrency)
At Whalley Law, we help you create a custom trust that fits your assets, your family structure, and your long-term goals.
Types of Trusts Available in Washington State
There are several types of trusts available to residents of Pierce County. Each serves different purposes. Here’s a breakdown of the most common types:
1. Revocable Living Trust
Also known as an inter vivos trust, a revocable living trust allows you to:
- Maintain control of your assets while you’re alive
- Plan for incapacity without a court-appointed guardian
- Avoid probate upon death
- Update or revoke the trust at any time
This is the most common type of trust and is ideal for most families looking to avoid probate and maintain privacy.
2. Irrevocable Trust
Once created, an irrevocable trust cannot be modified without the consent of the beneficiaries. Though less flexible, this type of trust can:
- Reduce estate taxes
- Protect assets from lawsuits or creditors
- Support charitable giving goals
Irrevocable trusts are powerful tools for high-net-worth individuals or those concerned about long-term asset protection.
3. Testamentary Trust
Created through your will and activated after your death, a testamentary trust is often used to:
- Manage inheritances for minor children
- Control how assets are distributed over time
- Provide oversight for irresponsible beneficiaries
While this trust doesn’t avoid probate, it allows for detailed control of how assets are used after your passing.
4. Special Needs Trust (SNT)
Designed for beneficiaries with disabilities, a special needs trust helps them receive assets without disqualifying them from important government benefits such as:
- Medicaid
- Supplemental Security Income (SSI)
- Housing and other disability services
This is a critical trust for parents or guardians of children or dependents with special needs.
5. Charitable Remainder Trust (CRT)
This trust allows you to:
- Donate assets to a charity
- Receive income during your lifetime from those assets
- Receive tax benefits from the donation
After your passing, the remainder goes to the designated charity. It’s an excellent option for those with philanthropic goals.
6. Asset Protection Trust
This type of irrevocable trust is specifically designed to shield assets from creditors, lawsuits, and other legal claims. While not as common, it’s a valuable tool for those in high-risk professions or facing significant liabilities.
7. Spendthrift Trust
This type of trust is structured to protect beneficiaries from themselves—especially those who are not financially responsible. It limits access to trust funds and protects them from creditors or poor spending decisions.
8. Qualified Terminable Interest Property Trust (QTIP)
QTIP trusts are often used in second marriages. They:
- Provide income to a surviving spouse during their lifetime
- Ensure the remaining assets go to children from a previous marriage
They allow you to care for a current spouse without disinheriting children from a prior relationship.
Key Benefits of Trusts Over Wills Alone
| Feature | Trust | Will |
| Avoids probate | ✅ Yes | ❌ No |
| Maintains privacy | ✅ Yes | ❌ No (public record) |
| Controls distribution timing | ✅ Yes (can be staggered) | ❌ No (lump sum) |
| Covers incapacity | ✅ Yes (revocable trust) | ❌ No |
| Effective immediately | ✅ Yes (once funded) | ❌ No (after death only) |
While wills are valuable, a trust provides a more robust and flexible estate planning solution for many Pierce County families.
Why Choose Whalley Law for Your Trust and Estate Planning?
At Whalley Law, we understand that trust creation is more than just paperwork—it’s about building peace of mind. Our Pierce County estate planning attorneys provide:
✅ Personalized Service
We take time to understand your family’s unique needs, financial situation, and long-term goals.
✅ Local Expertise
We know Washington state laws and how the local probate courts in Pierce County operate.
✅ Clear Communication
Estate planning can be complex—we make it simple and easy to understand.
✅ Ongoing Support
Life changes, and so should your estate plan. We’re here to help you update and maintain your trust for years to come.
Don’t Wait—Start Planning Today
Estate planning is one of the most important steps you can take to secure your family’s future—and it starts with creating a trust.
Whether you’re just starting your planning journey or looking to update an existing will or trust, the attorneys at Whalley Law are here to guide you every step of the way.
📞 Call us today at (253) 565-3209
📍 Serving all of Pierce County, Washington, including Tacoma, Puyallup, University Place, Lakewood, and surrounding areas.
