Answer: A traditional will is not required, but “pour over will” is highly recommended. We prepare a pour over will as part of every set of trust documents. The purpose of the pour over will is to capture any assets inadvertently omitted from the living trust and transfer them into the trust. If your assets are in your trust, you will never use your pour over will. Unlike the normal last will and testament, the pour over will simply directs your named executor to “pour over” any asset which you have failed to include in your trust, into your trust, for distribution under the terms of your living trust. However, the use of the pour over will to capture such assets requires a probate proceeding. Our office tries to be very thorough to ensure that all assets are transferred into your living trust so that no probate is necessary. You may wish to think of the pour over will as a safety net for any assets inadvertently left out of your trust.
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