Why Do I Need a Will If I Have a Trust?

Having a Will even if you have a Trust is like having a safety net.  It is very common for people to accidentally leave something out of their Trust. A good example is the home. People buy a new home, or refinance an existing one, and forget to title the property back to their Trust when they are finished. When the person dies, the house is not part of the Trust, so “who gets it” is decided by the Will. Ideally, the Will states that all assets pass to the Trust. This way, final distribution of assets still follows the plan laid out in the Trust.

Without a Will, the State will decide who gets any assets that are not in the Trust. That may or may not be the people you wanted to have that property.

About Helene P. Dreyer Koch

Estate Planning Attorney (Wills, Trusts, Probate) Indian Wells, California * 760.360.2400
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