Creating a trust is a smart move if you want to keep your affairs private, avoid probate, and give your loved ones a smoother path after you are gone. But even if you have a trust, you still need a will. In fact, most people in Oklahoma benefit from having both.
If you are wondering whether a will is still necessary, you are not alone. It is a common question, especially when you believe your trust already covers everything. The short answer is yes. A will still plays a key role in your estate plan, even if your trust is fully funded.
Your Trust Handles Specific Assets
A living trust is an excellent way to manage your assets during your lifetime and pass them on without going through probate. You title assets in the name of the trust, and those assets stay under the trust’s control no matter what happens.
During your lifetime, you can change the trust, add or remove assets, and remain in charge. If you become incapacitated, your successor trustee can take over and manage the trust according to your instructions.
After your death, the trustee distributes assets directly to your chosen beneficiaries.
But here’s the catch: your trust only controls what you put into it. If you forget to transfer a bank account, car, or piece of property, those assets will not pass through the trust. Instead, they will need to go through probate unless you have a backup plan.
A Pour-Over Will Acts as a Safety Net
This is where a will becomes essential. Most people with trusts also sign a simple will called a pour-over will. This document acts like a safety net. It directs any assets that are not in your trust at the time of your death to be transferred into the trust after you pass away.
The pour-over will does not avoid probate. However, it ensures that all of your assets, even those you do not properly title in the name of the trust, will be distributed according to the terms of your trust. This keeps everything unified under one set of instructions. Your trustee will follow the terms of the trust, even for assets that were not titled properly before your death.
Without a will in place, any assets outside the trust would be distributed according to Oklahoma’s intestacy laws. That could mean your property goes to relatives you did not intend to benefit, or that the court must appoint someone to handle your estate.
Your Will Does More Than Name Beneficiaries
Your will can also handle other important matters that a trust cannot. For example, if you have minor children, you name a guardian for them in your will. This ensures the court knows who you trust to raise your children if you are no longer here.
A trust cannot name a guardian or handle certain legal formalities related to the care of your children. For this reason alone, parents in Oklahoma should never rely on a trust by itself.
Your will can also express wishes about how you want your funeral handled or how personal items should be divided if they are not listed in the trust.
Updates May Be Necessary
If you buy property, open new accounts, or change your wishes, your documents need to reflect those changes. Without regular updates and proper titling of all assets, even a well-drafted trust can leave out important pieces.
An estate planning attorney can help review your documents and confirm that your assets are titled properly and that your will supports your trust as intended.
Summing It Up
If you already have a trust, you are on the right track. But that does not mean you can skip the will. Together, a trust and a will create a full estate plan that protects your wishes and gives your family clear instructions.
Your will supports the trust, names guardians for your children, and covers any property not included in your trust. It also provides legal backup that prevents confusion and delays.
Attend a Complimentary Learning Event!
We host educational seminars on an ongoing basis, and we get a lot of great feedback from attendees. To see the dates and learn more, visit this page: Oklahoma City estate planning events.
Since founding Parman & Easterday in 1985, Larry has led over 1,000 free, community-service education programs and helped more than 10,000 Oklahoma families go from putting off their estate plan to getting it done. His goal for every client is the same: to become the person their family calls "the one who took care of everything."
Larry is the author of three books: The Straight Shooter's Guide to Estate Planning; Estate Planning Basics; and Guiding Those Left Behind in Oklahoma. He served as Oklahoma's Secretary of State and Secretary of Commerce, and his firm is the only member of the American Academy of Estate Planning Attorneys in the state.
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