Your property will be distributed according to your Will. You will be considered to have died "intestate", meaning your property will be divided according to the law of the state where you reside. This means that you have no say in how your assets are distributed. Don't be surprised that your assets will end up with distant or unrelated heirs if you let this happen. If you have minor children, the judge will determine who is their guardian or who will manage your assets. A Will cannot be avoided by proper planning, but it must be part of any estate plan. A Trust is a useful addition to any estate plan, even if estate taxes do not need to be considered. They can be established either at death (Testamentary Trust) or in life (Living Trust). This allows you to decide how and when assets are passed on to the next generation. There are many other benefits to living trusts. They are a flexible option that can be canceled at any moment and do not have to be filed separately as a taxable entity. This allows you to retain complete control of your assets throughout your life without having to file separate taxes.