If I Have A Living Trust, Do I Still Need A Will?

If you have a living trust, you don’t necessarily still need a will. However, it’s good practice to have what’s called a pour-over will. And that is just a will that names your trust as the beneficiary of the will.

So, when you have a trust, you want everything to go according to the terms of the trust, right? And you have to retitle all of your assets to the trust. And as time goes on, you may acquire new assets and you may forget to retitle those assets to the trust. And inadvertently those assets could be subject to a probate. And if assets have to go through probate and you set up a trust, more than likely, you want those assets to go according to the terms of the trust. Because again, if they go through the probate and you didn’t have a pour-over will, the assets would go to your heirs. And what you have in your trust might be something compared to the probate intestacy administration to the heirs. So most attorneys will always do what’s called a pour-over will when they do a trust.

Do you need to have that pour-over will? Not necessarily but it’s very good practice and most attorneys will advise that you do it.