If I Have a Trust, Do I Still Need a Will?
If I Have a Trust, Do I Still Need a Will?
An Estate Planning Question Many Michigan Families Ask
When people come into our office in, one of the most common questions they ask is this
“If I have a trust, do I still need a will”
It is a fair question. Trusts have become very popular because they help families avoid probate, keep things private, and make it easier for loved ones to manage what happens after someone passes away. So it feels logical to think that once a trust is in place, a will is no longer necessary.
In reality, the opposite is true. When a trust is done correctly, a will becomes important for a different reason and a different purpose. Let me explain why.
Matthew Abraham Esq. | Abraham Law Fenton, Michigan
Your Trust Is the Heart of Your Estate Plan
If you have a trust, it should be the main engine of your estate plan. It is the document that controls how your assets are passed on after you are gone.
A properly written and funded trust allows you to decide who receives your assets, when they receive them, how they receive them, and under what conditions. It gives you control over timing, privacy, costs, and how smoothly things move forward for your family.
This is why many families in Fenton, Linden, Holly & Grand Blanc areas, and all throughout Genesee, Oakland, and Livingston Counties choose to use a trust as their primary estate planning tool.
But even the best trust cannot account for everything if not properly funded.
What Happens When Something Is Not in the Trust
Life is rarely neat and tidy. New property is purchased. Bank accounts are opened. Assets are inherited. And sometimes, despite the best intentions, an asset simply never gets funded into the trust.
That is where your will plays an important supporting role.
When a trust is part of your estate plan, we typically use what is called a pour-over will. Its purpose is straightforward: if an asset was left outside of the trust, the will “catches” it and directs it into the trust through the probate process.
Think of the trust as the master plan and the will as the safety net. The will ensures that nothing slips through the cracks or is distributed in a way you did not intend. Any assets that must go through probate are ultimately transferred or “poured over” into the trust and then distributed according to those specific instructions you already set in place.
While this is not the ideal outcome, because probate is still required for assets left outside the trust, the pour-over will ensures consistency. Even when something is missed, your overall plan remains intact, and your trust continues to control how and when assets are distributed.
Your Will Does More Than Catch Assets
Your will is also the document that protects your family in ways a trust alone cannot.
If you have minor children, your will is where you name the people you trust as guardians to raise them if something happens to you. Without a will, that decision is left to the court.
Your will is also where you can name a conservator if you or your spouse becomes incapacitated. This allows you to control who handles day to day finances and important decisions if you are no longer able to do so yourself.
This is about more than money. It is about protecting the people you love and making sure the right people are in place when they are needed most.
Why Understanding Your Plan Matters
At Abraham Law, we spend a lot of time explaining this to clients because an estate plan only gives peace of mind when you actually understand it.
People deserve to know what they have and why they have it.
How does this protect me
How does this protect my spouse
How does this protect my children
How does this protect what I have worked so hard to build
When you understand how your trust and will work together, you can be confident that your plan will do what it is supposed to do when it matters most.
Helping Families Across SE Michigan
Whether you already have a trust, only have a will, or have not started planning yet, it is important to ensure everything is set up correctly.
Estate planning is not about documents sitting in a drawer. It is about creating a clear plan so your family is not left guessing, struggling, or dealing with unnecessary court involvement.
That is what we focus on here at Abraham Law.
Want to Make Sure Your Plan Is Working the Way You Think It Is
If you are in the Fenton, Linden, Holly, or Grand Blanc area, or anywhere throughout Genesee, Oakland, and Livingston Counties and you want to know whether your trust and will are truly doing what they should, we are happy to help you walk through it.
You can call Abraham Law at (810) 750 0440 or visit StartMyEstatePlan.com to schedule a free consultation or download our estate planning checklist.
Getting clear answers now gives you something invaluable later. Real peace of mind.