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Have you ever wondered if you still need a will after creating a living trust? This is one of the most common questions I hear from clients, and the answer might surprise you. The short answer is yes. You absolutely do need a will, even if you have a comprehensive living trust. But understanding why requires looking at how these two powerful legal documents work together to protect you and your loved ones. Today,

I’m going to break down exactly why you need both documents, how they complement each other, and the serious consequences of not having a proper pour over will to accompany your trust. By the end of this video, you’ll understand the critical role each document plays in your estate plan and how to ensure your wishes are carried out exactly as you intend. Before we dive in, I should mention that I’ve been practicing estate planning law

for over 35 years, helping hundreds of families protect their assets and create comprehensive estate plans. The information I’m sharing today comes from real-world experience with clients just like you who want to ensure their affairs are in order and their loved ones are protected. Let’s start by understanding what a living trust actually is. A living trust is a legal arrangement where you, the trustmaker,

Transfer your assets into a trust during your lifetime. You typically serve as the initial trustee, maintaining complete control over those assets while you’re alive and well. The trust document contains instructions for how your assets should be managed if you become mentally incapacitated and how they should be distributed when you pass away. One of the primary benefits of a living trust is avoiding probing.

When assets are properly titled in your trust name, they don’t go through the probate process when you die. This saves your loved ones time, money, and the stress of court proceedings. A trust also provides privacy, since unlike a will, it doesn’t become part of the public record. But here’s where many people get confused. They assume that because they have a trust, they don’t need a will.

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This is a dangerous misconception that can lead to serious problems for your estate plan. So why do you still need a will if you have a living trust? Well, there are several critical reasons. First, a will serves as a safety net for assets that aren’t in your trust. Despite your best intentions, it’s not unusual for people to acquire new assets and forget to transfer them into their trust.

Maybe you opened up a new bank account but never got around to retitling it, and then they be your trust. Or perhaps you inherited property that remained in your individual name. Without a will, these assets would pass according to your state’s intestacy laws rather than according to your wishes. This is where a special type of will called a pour-over will becomes essential.

A pour-over will essentially says, any assets that I own at my death outside the trust should be poured over into my trust and distributed according to the trust terms. Think of it as a backup plan that ensures all your assets ultimately follow the detailed instructions in your trust. Second, and perhaps most importantly for many families,

A pour-over will is one of two documents where you can legally name guardians for your minor children. Your trust can manage assets for your children’s benefit, but it cannot designate who will raise them if something happens to you. This guardianship designation must be made in a will or a general power of attorney. Without this crucial provision, a court could decide who raises your children without knowing your preferences.

A scenario most parents want to avoid at all costs. Let me share a real example that illustrates why this matters. I once had clients, let’s call them John and Sarah, who created the comprehensive trust but never completed their poor over wills. When John unexpectedly passed away, they discovered he had a retirement account worth $75,000 that was never properly designated.

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to an individual or to the trust. Without a pour-over will, this account had to go through probate, costing the family thousands in legal fees and delaying the distribution of those funds by nearly two years. All of this could have been avoided with a proper pour-over will in place. Third, your will can provide instructions for personal items that may not have significant financial value but hold tremendous sentimental importance.

While you can include a personal property memorandum with your trust, having these instructions in your provides an additional layer of legal protection. Fourth, a will names your executor, the person who will handle any probate matters that might arise and ensure your final affairs are properly settled. Even with a fully funded trust, occasionally there are often matters that require someone with legal authority to act on behalf of your estate.

Recently, I needed an executor appointed in order to file a wrongful death lawsuit. That’s a good example. Now, let’s address a common concern. Isn’t having both documents redundant or unnecessarily complicated? Not at all. Your trust and will are designed to work together, not compete with each other. Think of your trust as your primary estate planning vehicle, with your poor over will serving

as both a safety net and a way to address important matters that a trust simply cannot handle. It’s also important to understand that a pour-over will doesn’t avoid probate by itself. Assets that pass through your pour-over will still go through probate before they’re transferred to your trust. That’s why proper trust funding, transferring assets into your trust during your lifetime, remains essential.

Your poor over will is a backup plan, not a substitute for proper trust funding. Now, if you want to know more about trust funding, please take a look at my new book called Asset Alignment. Let’s talk about what happens if you don’t have a poor over will to complement your trust. The consequences can be serious. Assets not in your trust.

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could pass to heirs according to state law rather than your wishes. Number two, you would have no legal say in who becomes guardian of your minor children. Number three, your estate could face partial probate proceedings, defeating one of the main purposes of creating a trust. And fourth, family conflict could arise if there’s confusion about how certain assets should be handled.

Here’s another real world example. I worked with a widow who had a beautifully drafted truss but no pour over will. After her death, her family discovered valuable jewelry and family heirlooms that weren’t specifically mentioned in the truss. Without a pour over will, these items became subject to state intestacy laws, including creditor claims, creating conflict among family members who all believed they should receive certain pieces.

A simple pour-over will would have ensured these items followed the distribution plan set forth in her trust. Now, let’s talk about how to properly coordinate your trust and pour-over will. First, your pour-over will should specifically reference your trust and direct that any assets not already in the trust be transferred there. Second, the guardian provisions for minor children

should be clearly stated in your will. Third, both documents should be reviewed and updated together when you experience major life changes, like marriage, or divorce, births, deaths, or significant changes in the assets that you own. It’s also crucial that both documents be properly executed according to your state’s legal requirements. A will typically requires witnesses and possibly

notarization, while trust requirements also vary by individual states. Working with an experienced estate planning attorney ensures both documents are legally valid and work together seamlessly. One question I often get is, if I need both documents, why not just have a will? The answer is that a will alone doesn’t provide the benefits of a living trust, such as avoiding probate.

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providing incapacity planning, and maintaining privacy over your estate. A comprehensive estate plan for most families includes both a trust and a pour-over will, each serving distinct and important purposes. Another common question is, how often should I update these documents? I recommend reviewing your estate plan at least every two to three years or whenever you experience significant life changes.

Both documents should be updated together to ensure they remain aligned with your current wishes and circumstances. Let me emphasize one more critical point. Proper asset alignment is essential. Having beautifully drafted documents doesn’t help if your assets aren’t properly titled. For your trust to work as intended, assets must be properly transferred into the trust during your lifetime. This includes…

retitling real estate, bank accounts, investment accounts, and other assets in the name of your trust. Your pour over will is a safety net, but it’s always better to have assets properly titled in your trust to avoid probate entirely in the event of urine capacity or death. To summarize, yes, you absolutely need a pour over will, even if you have a living trust.

Your pour-over will serves several critical functions. One, it captures assets that weren’t transferred to your trust. Two, it names guardians for your minor children and perhaps yourself. Three, it names an executor to handle probate matters if necessary. Fourth, it provides additional layers of protection for your entire estate plan. Together.

Your trust and poor will create a comprehensive estate plan that protects your assets, provides for your loved ones, and ensures your wishes are carried out exactly as you intend. Well, I know we’ve covered a lot today, and you probably have more questions about your estate plan. That’s completely normal. In fact, I’ve compiled the most common questions I receive from clients just like you in my next video. It is called…

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your most asked estate planning questions answered. Thank you for being with us today. I hope you enjoyed this podcast.