If I make a living trust, do I still need a will?
If you make a living trust you don’t need a will but you should have it. Most living trusts, the biggest issue is they’re not properly funded or fully funded. If a trust does not have title to all of your property when you die, and certain assets need to go through probate, you’ll need a will. If you don’t have a will though the laws of the State of Florida will control who gets your assets and how.
Do you need a will? Not if you have a properly funded and drafted trust, but there’s also times where you don’t have time to transfer title and that’s where the will can come in. What the will does is tells the court that whatever happens to me at my death, if property’s not titled in my trust, I want you to look at the trust to see what to do with it.