Deal Moseley di Santi Garrett & Martin, LLP
Call 828-263-4721
Deal Moseley di Santi Garrett & Martin, LLP
828-263-4721

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Protect Your Legacy: Experienced Trusts Attorneys Serving Boone

Last updated on April 9, 2026

If you’re considering estate planning, trusts and wills are a good place to start. These help to establish a solid estate plan, though only a will is necessary for everyone. Learning how trusts and other tools can protect your assets and loved ones is the first step in building an estate plan.

Our experienced attorneys at Deal Moseley di Santi Garrett & Martin, LLP, can help you through the steps of creating a will or trust – or both. From our office location in Boone, we serve clients in Watauga County and the surrounding North Carolina communities.

Wills Versus Trusts: Understanding The Basics

Wills and trusts often get lumped together when discussing estate planning, but they have different functions:

  • Wills: A will is a document that outlines the distribution of your assets and property after your death. You can determine whether to pass assets to your heirs, friends or charitable organizations. A will can also establish crucial details regarding how you want your funeral carried out, who should be your estate’s personal representative and who should be the guardian of any minor children.
  • Trusts: A contract designed to pass your assets to beneficiaries without subjecting the beneficiaries to probate. As the person creating the trust (known as the trustor or grantor), you can place money and property in a trust and then choose someone (known as a trustee) to manage the trust. The trustee is then responsible for transferring assets to your beneficiaries according to the directives of the trust.

Wills are the foundation of an estate plan. Although trusts are not always necessary, they can provide a vast spectrum of benefits.

What Are The Different Types Of Trusts?

There are two main categories of trusts:

  • Revocable or living trusts: Active while the grantor is alive. Living trusts can be used to transfer assets to beneficiaries while the grantor is alive and after they pass away. They are easy to change or cancel.
  • Irrevocable or testamentary trusts: Testamentary trusts don’t become active until the grantor dies. They cannot be changed without the permission of the beneficiaries.

Revocable trusts offer the benefits of control and flexibility. You get to remain in charge of the assets in them until you pass away. However, irrevocable trusts tend to offer better protection from taxes and creditors.

The Many Other Benefits Of Trusts

There are dozens of different kinds of trusts used for different estate planning purposes. The main reasons most people come to our firm to create a trust are to avoid probate, protect assets and minimize taxes. Using a trust to provide for minors or people incapable of taking care of themselves is also a common reason for creating a trust. Other types of trusts include:

  • Credit shelter trust: Allows a spouse to transfer assets to their beneficiaries upon death while still allowing the surviving spouse to access the assets in the trust.
  • Education trusts: A type of irrevocable trust that can fund a beneficiary’s tuition, school supplies, living expenses and related costs.
  • IRA trusts: If you have an individual retirement account (IRA), you can make an IRA trust the beneficiary of it. The trustee can manage distributions to beneficiaries. It prevents beneficiaries from withdrawing the assets of the IRA all at once.
  • Medicaid planning trusts: By placing real estate or other property in a trust, you can qualify for Medicaid while retaining control of your assets.
  • Charitable lead trusts: Irrevocable trusts that support charities while protecting assets from taxation and probate.
  • Asset protection trusts: Another type of irrevocable trust that shields assets from creditors, taxation and lawsuits.

No matter what type of trust you might need, you should be aware that trusts can be customized to meet your specific needs and goals. Our attorneys always consider whether a trust is appropriate for our clients when going through estate planning.

Secure Your Family’s Future With A North Carolina Trusts Lawyer

Creating a trust can play a crucial part of protecting your assets and sparing your beneficiaries the hassle of probate. Do not put off discussing your options with an attorney any longer. Stat now: call Deal Moseley di Santi Garrett & Martin, LLP, at 828-263-4721 or fill out our online contact form today.