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Revocable Living Trusts

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

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A trust only covers the property that is transferred to it. Whatever is left will still be subject to probate whether you have a Will or your property passes under your state's intestacy law's (the laws that provide what happens if you don't have a Will).

New property that you might acquire but which is not yet transferred to the trust, or any property not included in the trust, still needs to be distributed by your Will.

Additionally, if you have minor children, you can use your Will to name a guardian. You can't do this in a trust. To learn more, see How To Choose A Guardian For Your Children.

Note: The type of Will generally used with a living trust is a "pourover will." The trust is the primary estate planning document. The Will "pours over" to the trust any assets that were not previously transferred to it.

Edited by:
Jerry Simon Chasen, Esq.
Chasen & Associates, P.A.
Miami, Florida

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