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Oct 03 2007

Have Trust, Need a Will

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     I recently ran into a situation where someone has a trust, with  most of their property in it. But they don’t have a will!  They’ve had a living trust for over 20 years, without a will to go with it.   Is that a problem?  Absolutely.  In this case, the individual had several accounts and other property that were not placed into the living trust.  What happens after death?  The estate of that individual may be partially intestate and the courts would have to decide what to do with the property that was not placed into the living trust.  Having a will is essential, and with a trust a “pour-over will” serves as a safety net.  The “pour-over will” functions to “catch” anything that was either intentionally or inadvertently left out of the trust, in most cases directing the distribution of assets to the trust itself.  There’s lots of information out there, and it’s always good to look at your personal situation and see where you stand.  If in doubt, talk with an attorney or estate planning specialist.

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