What a Will Can and Can’t Do: It’s Just One Piece of the Estate Planning Puzzle
- Ashley DeBoard
- Aug 11
- 4 min read
At Flagstaff Law Group, we often say that estate planning isn’t just about passing down assets, it’s about making intentional decisions now to care for the people and communities you love, no matter what happens.
And while creating a Last Will and Testament is a solid start, it’s not the full picture. In fact, a will alone can leave some surprising gaps. If you’re wondering, “Do I need more than a will?” the short answer is probably.
Let’s break down what a will can do, what it won’t do, and when it’s time to look beyond a will to tools like trusts and powers of attorney for real peace of mind.
What a Will Does Cover
A well-drafted will allows you to:
Decide who gets what. You can name beneficiaries to receive assets you own in your name alone.
Appoint an executor. This is the person who will handle your affairs after you pass away—filing paperwork, paying off debts, and distributing assets.
Name guardians for minor children. This is where you can nominate someone to care for your kids if something happens to you (though read on for why this isn’t always enough).
Support your trust. A “pour-over” will acts as a safety net, transferring anything you forgot to fund into your trust (after it goes through probate).
So far, so good. But here’s where many people are surprised…
What a Will Doesn’t Do (And Why That Matters)
Despite what TV dramas might have you believe, wills have real limitations especially if they’re your only planning document.
Let’s bust a few common myths:
Myth #1: A will keeps your family out of court.
Reality: All wills go through probate.
Probate is the court process to validate your will and oversee the distribution of assets. It can take months (or longer), is public, and may cost thousands in legal fees even if no one contests anything. A trust-based plan is often the better path if you want your loved ones to avoid court entirely.
Myth #2: A will covers everything I own.
Reality: It only applies to assets titled in your name alone.
That means anything jointly owned, held in a trust, or with a beneficiary designation like retirement accounts or life insurance won’t follow your will. The way you own assets can override or bypass your will entirely.
Myth #3: I can use my will to leave money for my pet.
Reality: Your dog can’t open a bank account.
Animals are legally considered property, which means they can’t directly inherit. If you want to ensure Fluffy or Fido gets proper care, a pet trust is the better way to go.
Myth #4: I named a guardian in my will, so my kids are protected.
Reality: It’s not enough for urgent situations.
If something happens and your will is locked in a desk drawer or isn’t found quickly, your kids could still be placed in temporary foster care. That’s why we offer our Kids Protection Plan, which fills in the gaps with legal documents and clear instructions for both emergency and long-term care.
Myth #5: My will handles all special needs planning.
Reality: A will can unintentionally cause harm.
Leaving money outright to someone with disabilities may disqualify them from government benefits. A special needs trust may be the right solution and yes, we can help you set it up correctly.
Myth #6: A will protects me if I become incapacitated.
Reality: Wills only take effect after death.
If you’re ever unable to make decisions due to illness or injury, your will won’t help. You need a financial power of attorney, healthcare directive, and possibly a trust to ensure your wishes are honored and someone you trust is in charge.
Case Study: When a Will Wasn’t Enough
Let’s look at “Tom,” a retired engineer with two adult children. He had a simple will leaving everything to his kids and named his daughter as executor.
But Tom’s assets included:
A joint checking account with his new partner
A life insurance policy naming an ex-spouse
A house titled only in his name
After Tom passed, the house had to go through probate (delaying his kids’ inheritance), the life insurance went to his ex (oops), and the joint account automatically passed to the partner leaving the kids confused and without access to cash to open the probate court case for the house.
If Tom had created a trust and updated his beneficiary designations, much of this mess could have been avoided.
Will vs. Trust: What’s Right for You?
Feature | Will | Revocable Living Trust |
Avoids Probate | No | Yes |
Covers Incapacity | No | Yes |
Keeps Affairs Private | No | Yes |
Easy to Update | Yes | Yes |
Controls Distribution Over Time | Often not | Yes |
Helps Minimize Disputes | Often not | Yes |
Manages Out-of-State Property | Triggers multiple probates | Avoids this |
So… Do I Need More Than a Will?
If you have kids, own a home and/or business, have a blended family, care for a pet, or simply want to avoid leaving a legal headache behind then yes, a will alone probably isn’t enough.
That doesn’t mean you need a complex estate plan. But it does mean you deserve a plan tailored to your life, not a one-size-fits-all form from the internet.
Let’s Make It Easy
At Flagstaff Law Group, we’ll walk you through what you own, who you love, and what matters most. Then we’ll build a plan together whether that’s a simple will or a comprehensive trust-based plan.
You don’t have to figure this out alone. And you don’t have to be “wealthy” to plan wisely.
Ready for peace of mind? Book your free Discovery Call today. Let’s make sure your plan actually does what you think it does and more.
This article is for educational purposes only and is not specific legal advice. There is no substitute for consulting with an attorney about your specific circumstances.
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