FAQs About Trusts

I Have a Revocable Trust – Why Do I Need a Will Too?

by Rania Combs

If you have a properly funded revocable trust, you may not need a will. At the time of your death, your property will be managed and distributed according the terms of the trust you established.

But what about that piece of property that you recently acquired, forgot about, or neglected to retitle in the name of the trust. Without a will, any assets that are intentionally or inadvertently left out of a trust will pass through the intestacy statues rather than according to the terms of your trust.

To avoid the possibility of this happening, a pour-over will is used. A pour-over Will is a safety net that ensures any assets that are intentionally or inadvertently left out of the trust are diverted to the trust at your death and managed and distributed according to your wishes.

If any assets are left out of the trust, the pour-over Will can be probated, but the assets will eventually be distributed according to the terms of the trust rather than according to state law.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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  1. Robert Barber

    August 13, 2015 at 10:46am

    Good Morning,

    My mother passed away in Texas on June 27, 2015. She had a Revocable Living Trust, detailing how her assets should be distributed upon her death. I am named as the successor Trustee. I live in Tennessee.

    I have completed all the necessary forms with her financial institutions to become Trustee, and I have taken control of her accounts under the same Trust name.

    My question: Having a Revocable Living Trust (documents of which were accepted by Fidelity, Schwab etc) do I need to do anything concerning Probate in Texas? If I do, do I need to do it in person? If you can respond, thank you.

    Bob Barber

    1. Rania Combs

      August 18, 2015 at 12:44pm

      If all your mother’s assets are in the trust, then probate will not be necessary.