Question 1

Why do I need a Will if I already have a Revocable Living Trust?

Accepted Answer

Your Will and Trust serve different purposes and are designed to work together. Your Trust generally controls assets that have been transferred to it, while your Will provides important instructions for assets that may remain in your individual name at your death. A Will can also address matters that are not handled by your Trust, such as nominating guardians for minor children.

Question 2

What is a Pour-Over Will?

Accepted Answer

A Pour-Over Will is a Will designed to work with your Revocable Living Trust. It generally provides that assets remaining in your individual name at your death should be transferred, or “poured over,” into your Trust and ultimately distributed according to the terms of your Trust.

Question 3

Does a Pour-Over Will avoid probate?

Accepted Answer

Not necessarily. A Pour-Over Will acts as a safety net, but assets passing through the Will may still be subject to probate if they exceed the applicable limits and do not otherwise qualify for a simplified transfer procedure. This is why properly funding your Trust during your lifetime is an important part of your estate plan.

Question 4

What else does my Will do besides transfer property to my Trust?

Accepted Answer

Your Will allows you to nominate the person you want to serve as Executor of your estate. For parents of minor children, it can also include a nomination of guardian. Your Executor is responsible for handling any probate estate and ultimately transferring remaining assets as directed by your Will.

Question 5

What happens if I have a Trust but die without a Will?

Accepted Answer

Property already held in your Trust will generally continue to be governed by the Trust. However, property remaining outside the Trust that does not pass by beneficiary designation, joint ownership, or another transfer mechanism may instead be distributed under California’s intestacy laws. A Pour-Over Will provides an important backup by directing those assets to your Trust so they can be distributed as part of your overall estate plan.

WILLS & TRUSTS | ESTATE PLANNING

ESTATE PLANNING

Last Will and Testament

A thoughtful plan brings peace of mind.

A Last Will and Testament is a simple but important estate planning document that allows you to decide how your assets will be handled after your passing.

WHAT DOES A WILL ALLOW ME TO DO?

You decide how your assets will be managed and name a trusted person to manage your estate.

NAME AN EXECUTOR
Choose a trusted person to manage your estate and carry out your wishes after your death. If you have a revocable trust, the person you name as Executor is often the same person you name as your successor Trustee, helping provide continuity in the administration .

DECIDE WHO INHERITS
If you have a revocable trust, your Will generally directs any assets subject to the Will into your trust, where they are distributed according to your wishes. This is known as a “Pour-Over Will” because it “pours” those assets into your trust at death.

NOMINATE A GUARDIAN
Name guardians for your minor children, ensuring that the people you know and trust are the ones you choose to care for them if you are no longer able to do so. Naming guardians gives the court guidance about your wishes and helps avoid leaving this important decision to others.

FREQUENTLY ASKED QUESTIONS

Why do I need a Will if I already have a Revocable Living Trust?

What is a Pour-Over Will?

Does a Pour-Over Will avoid probate?

What else does my Will do besides transfer property to my Trust?

What happens if I have a Trust but die without a Will?

FREQUENTLY ASKED QUESTIONS

LET'S PLAN FOR WHAT MATTERS MOST

Ready to Get Started?

ESTATE PLANNING

Last Will and Testament

A thoughtful plan brings peace of mind.

A Last Will and Testament is a simple but important estate planning document that allows you to decide how your assets will be handled after your passing.

WHAT DOES A WILL ALLOW ME TO DO?

You decide how your assets will be managed and name a trusted person to manage your estate.

NAME AN EXECUTOR Choose a trusted person to manage your estate and carry out your wishes after your death. If you have a revocable trust, the person you name as Executor is often the same person you name as your successor Trustee, helping provide continuity in the administration .

DECIDE WHO INHERITS If you have a revocable trust, your Will generally directs any assets subject to the Will into your trust, where they are distributed according to your wishes. This is known as a “Pour-Over Will” because it “pours” those assets into your trust at death.

NOMINATE A GUARDIAN Name guardians for your minor children, ensuring that the people you know and trust are the ones you choose to care for them if you are no longer able to do so. Naming guardians gives the court guidance about your wishes and helps avoid leaving this important decision to others.

FREQUENTLY ASKED QUESTIONS

Why do I need a Will if I already have a Revocable Living Trust?

What is a Pour-Over Will?

Does a Pour-Over Will avoid probate?

What else does my Will do besides transfer property to my Trust?

What happens if I have a Trust but die without a Will?

FREQUENTLY ASKED QUESTIONS

LET'S PLAN FOR WHAT MATTERS MOST

Ready to Get Started?

NAME AN EXECUTOR
Choose a trusted person to manage your estate and carry out your wishes after your death. If you have a revocable trust, the person you name as Executor is often the same person you name as your successor Trustee, helping provide continuity in the administration .

DECIDE WHO INHERITS
If you have a revocable trust, your Will generally directs any assets subject to the Will into your trust, where they are distributed according to your wishes. This is known as a “Pour-Over Will” because it “pours” those assets into your trust at death.

NOMINATE A GUARDIAN
Name guardians for your minor children, ensuring that the people you know and trust are the ones you choose to care for them if you are no longer able to do so. Naming guardians gives the court guidance about your wishes and helps avoid leaving this important decision to others.