Helping Western Michiganders Protect Their Assets
Last updated on September 18, 2026
Some people may find including a trust in their estate plan beneficial. However, with so many rules governing the use of trusts and the different types available, people can find it difficult to pick one that best suits their needs.
As an experienced estate planning professional, attorney Mike Toburen of Toburen Law PLC has been helping Western Michigan families choose trusts to add to their estate plans so they can plan for the future and maintain a strong legacy.
What Is A Trust?
Trusts can allow people to control their wealth and avoid excessive probate costs after death. Creating a trust can help people protect and distribute personal assets to the appropriate beneficiaries.
There are numerous trusts people can choose from; some of those include:
- Revocable trusts
- Irrevocable trusts
- Special needs trusts
- Gun trusts
- Testamentary trusts
People can learn more about these trusts and establish which ones fit their needs by calling Mike at 616-818-1842. He can address any questions or concerns they may have and offer thoughtful and thorough guidance.
Do I Need A Trust In Grand Rapids, Michigan?
Not everyone needs a trust. For some people, a will and other planning documents may adequately address their needs. For others, a trust may provide useful benefits that a will alone cannot provide. When evaluating whether a trust makes sense for you and your family, it can help to consider factors such as:
- Whether you own high-value or complex assets
- Whether you own real estate in more than one location
- Whether you want properly funded assets to pass outside probate
- Whether you have privacy concerns
- Whether you have a blended family
- Whether you have minor children or beneficiaries who may benefit from controlled distributions
- Whether you have a beneficiary with a disability, creditor concerns or difficulty managing money
- Whether you want a plan for managing your assets if you become incapacitated
A trust may be useful depending on your family, assets and long-term goals. A lawyer can help you weigh your options and decide whether a trust belongs in your overall plan.
Wills Vs. Trusts: How Are They Different?
For many of Mike’s clients, determining whether they will benefit more from a will or a trust can be complicated. Understanding the difference between the two is key to making a sound decision. Here is a breakdown of what sets them apart from one another:
- Wills: A will is a set of instructions to be followed upon a person’s death. Once an executor carries out those instructions, the choice ceases to exist. Wills also have to go through probate when people die, which can be timely and costly. In Michigan, probate can take up to five months.
- Trusts: A trust is a “living” document, similar to an LLC or a contract. It can help people manage their assets before and after they die. People can use a trust to keep a valuable piece of property in the family or control how much money their beneficiaries get per year after they die. Trusts also don’t have to go through probate.
For those who need support in deciding, Toburen Law PLC, is here to help.
Protect Loved Ones With A Revocable Grantor Trust
Blended families can make decisions about family assets more complicated, especially when children from previous relationships are involved. Without clear instructions, loved ones may be left unsure about how those assets should be handled after a parent or spouse dies. A revocable grantor trust can clearly outline how family assets should be managed and distributed. This clarity can be especially valuable for blended families or people who want to provide specific instructions for their loved ones.
A revocable grantor trust, also known as a living trust, is a legal document created during a person’s lifetime. The grantor or settlor creates the trust, while the trustee manages its property. The grantor may typically serve as trustee during life. A successor trustee may take over if the grantor becomes incapacitated or dies. Beneficiaries receive trust property according to the trust’s instructions.
While the trust remains revocable, the grantor may generally amend or revoke it, subject to the document’s terms. For example, a Grand Rapids homeowner may transfer a residence and financial accounts into a properly prepared and funded trust. The homeowner can continue managing those assets as trustee while living, while the trust provides instructions for what happens later.
Signing the trust document alone, however, may not place every asset into the trust. Proper funding may require transferring or retitling eligible assets. Toburen Law PLC provides compassionate legal guidance to help people create trusts that reflect their circumstances and goals. A Michigan revocable living trust can also provide a plan for managing assets during a person’s lifetime and after death.
What Is A Revocable Grantor Trust?
A revocable grantor trust, also known as a living trust, is a legal document people create while still alive. These documents can specify what happens to people’s assets and property once they die. A revocable grantor trust allows people to name beneficiaries for property while avoiding probate costs. If circumstances change, they can revise the trust.
Contact Toburen Law PLC to learn more about revocable grantor trusts.
What Does It Mean To Fund A Trust?
“Funding” a trust generally means transferring or retitling eligible assets so the trust owns or controls them. This step is essential because a trust generally cannot control an asset that has never been transferred to it or otherwise coordinated with it. Depending on the circumstances, funding may involve:
- Conveying real estate through appropriate deeds
- Retitling bank and brokerage accounts
- Assigning certain business interests
- Transferring appropriate personal property
- Reviewing beneficiary designations for assets that pass outside the trust
Not every asset should necessarily go into a trust. You may handle retirement accounts, life insurance policies and other assets through beneficiary designations or other planning methods instead. The right approach depends on the type of asset and how it fits into your overall plan.
A pour-over will provides a backup if assets remain solely in your name when you die. It can direct those assets into your trust through probate so they can ultimately pass according to the trust’s instructions. However, the probate process still applies to those assets, which makes proper trust funding during your lifetime important if you want to avoid probate delays and costs.
Because funding a trust can involve deeds, account registrations, beneficiary forms and other legal or financial matters, an attorney can help you review your assets and coordinate them with your trust.
Lawyer Mike Toburen Can Help People Make Appropriate Decisions
Knowing whether someone needs a trust as part of their estate plan can be difficult. Mike can thoroughly educate them on their options and help them establish their estate plan to align with their best interests.
Schedule consultation with Mike in his Grand Rapids office by calling 616-818-1842 or completing his online contact form.
He takes cases across Western Michigan, including Kent County and Ottawa County.
