Should I still make a last will and testament if I have a living trust?
A. Some jurisdictions recognize what is called a "pour-over will". This is a type of decree that orders all of the grantor's property to "pour" into her trust, at the time of her death. That way, all of her assets would be distributed to the beneficiaries named in the trust, and none of her assets would fall into probate. Not all states recognize this; so, be sure to check your state's laws.
Without a last will and testament, any property that is not transferred by a living trust will be distributed to the closest relatives. This distribution will be determined by the courts according to state law. Each state has devised distribution laws, according to how a reasonable person would want their assets distributed. Even so, courts may not distribute your property the way you would want. It is best to create a will to specify how you want your property distributed after your death.
