Q: If I make a Last Will & Testament can I later change to a Living Trust instead?
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.
#LegalQ&A
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
6 users found this answer helpful
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.