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David Toback Attorney At Law Tampa Estate Planning Attorney
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If I create a revocable living trust do I still need a will?

Video Transcription

If you use a revocable living trust as the primary disposition document in your estate plan, you do still need a will. In that case it’s typically called a pour-over will because it takes any assets that are not owned by your revocable trust at death and pours them over into your revocable trust.

As much as most people try to fund their revocable trust, it’s virtually impossible to get it 100% of the way there, so the pour-over will takes those assets and makes sure they’re distributed pursuant to the terms of your trust.

The pour-over will does a couple other things, like naming a personal representative, and you can use what’s called a separate writing as part of your pour-over will to transfer usually smaller items of tangible property, normally with sentimental value, to certain individuals that you want those items to go to without making an amendment to your trust.

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