Saratoga Springs, NY asked in Estate Planning for New York

Q: If I make a Last Will & Testament can I later change to a Living Trust instead?

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3 Lawyer Answers
Mitchell A. Nathanson
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A: Of course! Or you can have both. The inter-vivos trust deals with distribution of your assets within the trust while you are alive. The will governs the distribution of your estate assets upon your death.

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A: You can always do a trust will doesn't prevent you from putting it together. Will takes care of your assets at the time of your death and only after it goes through probate.

Trust is something that starts working during your life and anything that you move into trust will be separated from probate.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com

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Barry E. Janay
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A: Nope, best idea would be to do a new will that leaves everything to a living trust, this is called a "pour over Will." Just get an attorney, these are very routine things and it shouldn't cost that much to create one for you.

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