Can a family trust replace a will? 7 Answers as of August 28, 2015

I am getting prepared to hire an attorney to update my documents. Can I have only a family trust and not have to have a Will?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
In essence, a trust does take the place of a will. However, common practice is to have a pour-over will along with the trust, in order to pick up any assets which were not properly transferred into the trust. Your lawyer will explain, and congratulations on making a good decision.
Answer Applies to: California
Replied: 5/26/2015
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
The short answer is yes, but normally an attorney would prepare both. The will, called a pour over will, covers anything that may have been left out of the trust.
Answer Applies to: California
Replied: 5/25/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Nobody "needs" a will. But it is wise to have one. After all, you may at some point have some assets not in the Trust.
Answer Applies to: California
Replied: 5/22/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
That would be a yes.
Answer Applies to: California
Replied: 8/28/2015
Law Offices of George H. Shers | George H. Shers
You need both, as you may get new assets after you prepare the Trust so they have to be covered by the pour over Will.
Answer Applies to: California
Replied: 5/22/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    The trust effectively replaces a will, but it is customary to also have a "pour-over" will which works with the trust. It merely states that the trust is the sole beneficiary of the will.
    Answer Applies to: California
    Replied: 5/22/2015
    WFB Legal Consulting, Inc.
    WFB Legal Consulting, Inc. | William F. Bernard
    Yes, absolutely, and it should in order to avoid probate. See an estate planning lawyer as soon as possible.
    Answer Applies to: California
    Replied: 5/22/2015
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