Why Do I Need A Will If I Have A Trust?
Why do I need a will if I already have a trust? This is a super common question, and honestly, it makes a lot of sense to ask it.
A trust is usually the centerpiece of an estate plan. The whole point is to avoid probate by putting your assets into the trust during your lifetime, so when you pass away, those assets transfer smoothly according to the trust instructions. Ideally, by the time you die, everything you own is titled in the name of the trust and probate never even comes into the picture.
But here’s the reality: life is messy, and estate plans don’t exist in a vacuum.
People don’t think about their trust 24/7. You might open a new bank account in just your own name and forget to title it in the trust. You might receive money that legally can only be issued to you personally. You might acquire assets after you sign your trust documents and never get around to transferring them. When that happens, those assets don’t magically end up in the trust. If they’re in your individual name at death, they usually have to go through probate.
That’s where a will comes in.
A will acts as a safety net for anything that falls outside the trust. If an asset has to go through probate, the will is the document that says who gets what. Without a will, state law decides for you, and that’s rarely what people want.
There are also situations where a trust simply isn’t the right tool at all. For example, if you die as the result of a wrongful death, your estate may need to bring a lawsuit. To do that, an estate has to be opened and a personal representative (executor) must be officially appointed by the court. That authority comes from a will, not a trust. The trustee manages trust assets, but the executor is the one who represents the estate itself in court. In a very real way, the executor is the legal “voice” of you after death.
The same thing happens with certain refunds or payments. Think about a student loan refund issued in your name, not your trust’s name. Or a final paycheck. Or a settlement check. Those funds don’t get rerouted to your trust automatically. If they’re payable to you individually, they become probate assets, and your will controls where they go.
Cars are another common example. Maybe you never transferred the title into the trust. Maybe you bought a new vehicle and never updated anything. That car now sits outside the trust and needs instructions for distribution.
Because of all this, a will is basically a backup plan. It’s there to catch anything you missed, forgot, or couldn’t legally put into your trust during your lifetime.
This is where the concept of a “pour-over will” comes in. Most wills that are created alongside a trust don’t distribute assets directly to people. Instead, they say that anything going through probate should be “poured over” into the trust. In other words, if something ends up outside the trust and has to pass through probate, the will funnels it right back into the trust so it can be distributed according to the trust’s terms.
So even though a trust is doing the heavy lifting, the will plays a critical supporting role. It fills the gaps, gives legal authority where a trust can’t, and makes sure nothing slips through the cracks. Having both isn’t redundant, it’s intentional.
IF YOU NEED A LAWYER CONTACT US
Reviews
Reviews
DAMIAN D.
⭐⭐⭐⭐⭐
“Awesome lawyer, fought very hard for me. After judges/DA’s denied probation countless times, he ended up getting me probation in the long run which is a win for me! DA originally wanted 6months-1year incarcerated! He went to bat for me every court date and I am very appreciative!”
SUSAN C.
⭐⭐⭐⭐⭐
“Very personable and knowledgeable and would definitely recommend him for trust and/or will..”
BRENDA K.
⭐⭐⭐⭐⭐
“My husband and I are fairly new to the area. We wanted to have a will made. We read reviews and chose 3 different different attorneys to have a consultation with. We went to Attorney Jake Dressler first. He answered the phone right away, scheduled an appointment that was convenient for us and we met at his office in Spfld. He was punctual, friendly, professional and thinks outside the box. We had a couple of complicated situations and he came up with creative solutions. We did not even bother to speak with the other attorneys we thought Jake was great! If you are considering Estate Planning I would highly recommend Attorney Jake Dressler! A+++ service.”
BRENDEN K.
⭐⭐⭐⭐⭐
“Jake did a great job of putting together estate paperwork for my father. He was very professional and thorough in his process. Jake took the time to explain in great detail all the components of each document and potential considerations. My father and I appreciated how willing he was to answer any and all of our questions.”
CHRIS P.
⭐⭐⭐⭐⭐
“Very knowledgeable and professional. Referred to him by a friend had a great experience, highly recommend!!!”
ARIEL V.
⭐⭐⭐⭐⭐
“I recently worked with Attorney Jake Dressler to draft my will, and I couldn’t be more pleased with the experience. Jake was professional and thorough, taking the time to explain everything clearly. He made the process straightforward and tailored my will to fit my specific needs. I highly recommend him to anyone looking to create a will. Thanks, Jake!”
DEBRA C.
⭐⭐⭐⭐⭐
“Jake is a very professional individual. He takes what he does very seriously and I couldn’t recommend a better lawyer to anyone. He helped me out immensely. He takes his practice very seriously and handles everything efficiently and effectively.”
BOBBY N..
⭐⭐⭐⭐⭐
“Jake is an excellent lawyer for what you need.”
LAVY K.
⭐⭐⭐⭐⭐
“Professional and highly recommended.”
LORI R.
⭐⭐⭐⭐⭐
“I highly recommend Attorney Dressler for all your legal needs. He is a very smart, attentive, and proactive attorney. He is also a good listener and a very knowledgeable attorney. I previously called several law firms before I found Attorney Dressler, because I am unfamiliar with attorneys in the Springfield area. They couldn’t have been more dismissive about my small family estate questions. Attorney Dressler immediately took the time to answer my questions and offered his expertise, explaining everything I needed to know in detail. He returned my calls and responded with positivity, in a very calm and supportive manner.
Don’t hesitate, Jake Dressler is a wonderful person and a great attorney!”
joe w.
⭐⭐⭐⭐⭐
“He’s an extremely good attorney! He always gets back to you very promptly and even treats “small” cases with a high amount of importance. The other great thing is he’s very good at presenting you all possible options and letting you choose the right one for your scenario, rather than trying to push or shoehorn you into just one. I’ve had higher priced attorneys that were not nearly as thorough and as responsive as him, so I highly recommend him!”
jose r.
⭐⭐⭐⭐⭐
“Jake provided excellent professional service in redacting our Wills, Power of Attorney and Health Proxies. He demonstrated working knowledge of the law and provided insight as to strategic objectives and financial planning for the surviving beneficiaries. It’s not only about creating a document, but how to achieve the desired results for peace of mind. Jake’s patience and understanding gets you there. A+ in my book!!!”
Ken R.
⭐⭐⭐⭐⭐
“I have known Jake for years, well before he became an attorney. I was always impressed, even then, with his thought process and sharp mind. I think that keen intellect has carried over into how he practices law – it will serve him well! I can certainly recommend him for any legal matters you may have.”
Faith.
⭐⭐⭐⭐⭐
“Would recommend. It’s obvious this is someone who loves what he does and it shows in his work.”
enrique g.
⭐⭐⭐⭐⭐
“Jake was able to help with a fast and fair resolution to my case. I would highly recommend him
I would give him 10 stars if i could !”
dan c.
⭐⭐⭐⭐⭐
“Professional. Thorough. Got my butt out of trouble.”