Do I Still Need a Will If I Have a Living Trust?

Even with a living trust, a will still plays a key role in your estate plan. Learn why New Yorkers should have both for complete protection.

A revocable living trust is a powerful estate planning tool. It helps avoid probate, maintains privacy, and provides a smooth transfer of assets. But even if you have a trust, you still need a will—and here’s why.

1. The “Pour-Over” Will

Most clients use a pour-over will, which directs any assets accidentally left out of your trust to be transferred into it after death. Without this, those assets could be subject to probate or pass according to New York’s intestacy laws—not your wishes.

2. Guardianship for Minor Children

A trust cannot appoint a guardian for minor children. If you have young children, a will is the only legal document that allows you to nominate a guardian.

3. Final Back-Up Plan

Even well-structured trusts can miss an asset. A will ensures no asset is left unaddressed and your intentions are legally honored.

Trust and Will: A Complete Strategy

A living trust helps avoid probate. A will fills in the gaps. Together, they form a comprehensive estate plan that protects your legacy and loved ones.

Contact The Law Office of Jin-Wook Kim, P.C. to make sure your estate plan includes the right documents for your unique situation. We serve families across Long Island and New York City with practical, personalized guidance.