Trust vs Will

Mar 25, 2005 2 Replies

Hi there!



I have a will and I wonder if I should get a trust. Are they mutual exclusive? can I have both? why?



Thanks!



Rui



Yes - Yes - Yes & Because

A Will in laymans terms, is simply a tool to guide the administrator in the wishes of the decedent, as to the "distribution of assets". It only encompases DISTRIBUTION.

A Trust is a seperate entity, that ADMINISTERS only those specific assets that the Testator (alive or dead) has already placed INTO the trust. The language of the trust tells the Trustee what to do with the monmey (or whatever).

They ARE sperate & distinct. Each has it's onw function.

IF you have assets, and you want to be sure that they are used as YOU intended, then yes you do need both. Contact a competent Attorney.

Cal Lester CLU

To clarify, though, the answers are Yes, NO, Yes, and Because. Wills and Trusts are NOT mutually exclusive. You can have both and as pointed out, they serve different purposes.

Cal Lester wrote:

in the wishes of the decedent,

assets that the Testator (alive

tells the Trustee what to do

intended, then yes you do need

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