Will vs Power of Attorney vs Trust: What San Diego Families Really Need

Here’s the truth: a will, a trust, and a power of attorney serve completely different purposes. Most families don’t choose just one, they use them together strategically.



What a Will Actually Does

A will is a legal document that says who receives your assets after you pass away.

It can:

• Name beneficiaries
• Appoint guardians for minor children
• Nominate an executor to handle your estate
  
  

But here’s what surprises many people:

A will does not avoid probate in California.

If you own property in your individual name (especially real estate in San Diego) your estate will typically go through court, even if you have a valid will.

So when people search “will vs trust vs POA,” they’re often trying to figure out whether a will is enough.

For many homeowners, it isn’t.

What a Living Trust Does (That a Will Doesn’t)

A revocable living trust is designed to avoid probate.

When properly created and funded, a trust:

• Holds title to your assets
• Allows a successor trustee to step in if you become incapacitated
• Transfers property privately after death
• Avoids court supervision
  
  

For San Diego families who own a home, rental property, or significant financial accounts, a living trust often becomes the foundation of the estate plan.

Probate in California can take 12–18 months or longer. A trust allows your family to bypass that process entirely.

That’s one reason many families exploring estate planning in San Diego ultimately decide to create a trust instead of relying solely on a will.

What a Power of Attorney in San Diego Actually Covers

A power of attorney is different from both a will and a trust.

It only works while you are alive.

A power of attorney in San Diego allows you to appoint someone to make financial or legal decisions if you become incapacitated.

This can include:

• Managing bank accounts
• Paying bills
• Handling real estate transactions
• Filing taxes
  
  

Without a valid power of attorney, your family may need to go to court for a conservatorship if you become unable to act for yourself.

That’s expensive. And stressful.

A trust does not automatically eliminate the need for a power of attorney. Even people with fully funded trusts still need this document.

Will vs Trust vs POA: A Side-by-Side Comparison

Here’s a simple way to think about it:

Will

• Takes effect after death
• Goes through probate
• Names guardians for minor children
  
  

Trust

• Effective during life and after death
• Avoids probate
• Manages assets if you become incapacitated
  
  

Power of Attorney

• Only effective while you are alive
• Ends at death
• Allows someone to manage financial matters if you cannot
  
  

Each document solves a different problem.

That’s why the question isn’t usually “Which one should I choose?”

It’s “How should these work together for my situation?”

What San Diego Families Often Miss

Many people create just one document and assume they’re covered.

Common scenarios we see:

• Someone creates a will but owns a home → probate is still required
• Someone creates a trust but never funds it → assets still go through probate
• Someone has no power of attorney → family must pursue conservatorship
  
  

The gaps usually aren’t intentional. They happen because estate planning is piecemealed instead of designed as a system.

When done properly, the documents complement each other:

• The trust holds your major assets
• The will acts as a backup safety net
• The power of attorney protects you during incapacity

Do All San Diego Families Need a Trust?

Not necessarily.

If someone has very limited assets and no real estate, a simpler plan may be appropriate.

But in San Diego, where home values are high, many estates exceed California’s probate thresholds quickly.

For homeowners especially, relying only on a will often leads to avoidable court involvement.

That’s why families frequently search “will vs trust vs POA” after realizing a will alone may not protect their home.

The Real Goal: Protection Without Court

The right estate plan does two things:

1. Protects you while you’re alive
2. Makes things easier for your family after you’re gone
   
   

A will handles distribution.

A trust handles probate avoidance.

A power of attorney handles incapacity.

Together, they create stability.

How to Know What You Personally Need

Every family situation is different.

You might need:

• A trust because you own property
• A power of attorney because you want to avoid conservatorship
• A will because you have minor children
  
  

Or all three.

The key is not guessing.

If you’re unsure how these documents should work together, reviewing your situation with an estate planning attorney in San Diego can clarify what makes sense for your assets and goals.

Understanding the differences now can prevent your family from dealing with court later.

A Thought to Leave You With

Estate planning isn’t about documents.

It’s about preventing unnecessary stress during already difficult moments.

The right combination of a will, trust, and power of attorney ensures your plan works when it’s actually needed, not just on paper.

If you’re evaluating your options or wondering whether your current plan covers everything, it may be worth taking a closer look before a crisis forces the issue.