Do I Need A Will If I Have A Trust?
Estate planning can feel overwhelming, especially when you’re faced with so many legal tools and terminology: wills, trusts, powers of attorney, advance directives… Where do you even begin?
A common question we hear is:
“If I have a trust, do I also need a will?”
The short answer? Yes. Even if you already have a trust in place or are planning to set one up, a will is still an essential part of your estate plan.
Here’s why.
What a Trust Does
A revocable living trust is a powerful estate planning tool. It allows you to:
Avoid probate
Maintain privacy
Manage assets during your lifetime and after death
Distribute assets according to your wishes
Plan for incapacity
Once you create a trust, you can transfer ownership of your assets, such as real estate, bank accounts, and investments, into the trust. You continue to manage them as the trustee during your life, and after your death, your chosen successor trustee handles the rest.
But here's the key: a trust only controls the assets that are titled to it.
If you forget to transfer something, like a newly acquired home or bank account, those assets could end up in probate, which is exactly what most people are trying to avoid.
What a Will Does
A last will and testament is your chance to:
Name guardians for your minor children
Designate who receives any property not included in your trust
Express personal wishes or charitable bequests
Direct your “residuary estate” (what’s left after debts, taxes, and specific gifts)
Even if you have a trust, a will serves as a safety net. Most commonly, we use a type of will called a “pour-over will.” This type of will directs that any assets accidentally left out of your trust be transferred to it upon your death. It ensures your trust remains the central hub of your estate plan, even if you missed something during your lifetime.
Wills and Trusts Work Best Together
Without a will, any non-trust assets could be distributed according to your state’s default laws, which may not align with your wishes. And without a trust, your estate will go through probate, potentially causing delays, legal costs, and public exposure of your personal affairs.
Final Thoughts
No two estate plans are the same. If you’re not sure where to start or whether your current plan covers everything, we’re here to help.
Reach out to schedule a consultation, and let’s build an estate plan that gives you clarity and peace of mind.
The information provided in this blog is for informational purposes only and does not constitute legal advice.