Living Trust vs Will: Which Takes Precedence? – Pujol Law Miami

In estate planning, individuals often seek clarity on the hierarchy of legal documents, especially when it comes to the interaction between living trusts, wills, and other estate planning tools. Both living trusts and wills are crucial components of a comprehensive estate plan, but do they hold equal weight? Which one takes precedence? The short answer: it depends. When comparing a living trust vs a will in Florida, each has its unique advantages and considerations. Let’s dig into the particularities of these estate planning tools. 

What is the difference between a will and a trust?

A living trust, also known as a revocable trust, is a legal entity that holds and manages a person’s assets during their lifetime and facilitates the seamless transfer of these assets to beneficiaries upon their passing. In contrast, a will is a legal document that outlines a person’s wishes regarding the distribution of their assets after death.


Living Trust vs Will

One common misconception is that a living trust always supersedes a will, rendering the latter document unnecessary. However, this isn’t universally true. The relationship between a living trust and a will is more nuanced and depends on several factors, not really a living trust vs will situation. 

Does a living trust avoid probate?

A living trust allows assets to bypass the probate process, which can be time-consuming and costly. Assets held in a trust are typically distributed more quickly to beneficiaries. However, a living trust is only effective for assets that have been properly transferred into the trust’s ownership. Assets inadvertently left out of the trust will not be governed by it.

Does a living trust protect your assets from lawsuit?

A living trust can offer some level of asset protection from lawsuits, but its effectiveness can vary. While assets in a trust may be harder for creditors to seize, using a trust solely for this purpose could have legal implications. For robust asset protection, consult a trust lawyer experienced in estate planning and asset protection.

What assets does a will cover? 

On the other hand, a will covers any assets that are solely in the individual’s name at the time of their passing. It allows individuals to designate guardians for minor children, name an executor for the estate, and specify their wishes for asset distribution.

Pour over will

In cases where assets haven’t been transferred to the living trust, the will can play a crucial role. This is where the concept of a “pour-over” will come into play. A pour-over will direct any assets not included in the living trust to be transferred into it after the individual’s death. However, these assets will still need to go through the probate process before being distributed according to the trust’s terms.

Conclusions on Living Trusts vs Wills

In essence, while a living trust can help streamline the distribution of many assets, a will remains essential for addressing any assets that haven’t been transferred to the trust. Both documents can work together to create a comprehensive estate plan that covers all contingencies.

The relationship between a living trust and a will is not a matter of one superseding the other, but rather of them complementing each other. Each serves a distinct purpose within the realm of estate planning. To navigate this complexity effectively, it’s advisable to consult with an attorney for wills and trusts who specializes in estate planning.

Will and Trust Attorney near me

At Pujol Law, our experienced team can guide you through the intricacies of creating an estate plan tailored to your specific needs. We offer the direction of a will and trust attorney near you in Miami, Florida who will work closely with you to understand your goals and preferences. Whether you’re considering a will, a living trust, or a combination of both, our experts will provide personalized advice to ensure that your assets and wishes are handled with care and consideration, providing you and your loved ones with peace of mind.

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