If you have a Living Trust do you also need a will?

If you have a Living Trust do you also need a will?

  • September 26, 2017
  • David Greene
  • Comments Off on If you have a Living Trust do you also need a will?

That is a good question and the answer is: maybe or maybe not!  If you have truly transferred all of your assets into your trust, then you do not need a will because no asset is in your name.  However, we are human and all make mistakes, so you may have inadvertently left out an asset you did not think about, or you may buy something new and die before transferring it to your trust.  In that case you need a will.  We always prepare a Pour Over Will for our trust clients.  This simply tells the Personal Representative to immeduately transfer anything left in the  individual’s name to his trust upon his death, so the terms of the trust determine what happens to that asset.

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