The Role of a Will in a Trust-Based Estate Plan

Many people assume that once they’ve created a trust, they no longer need a will. While a trust is a powerful estate planning tool, it doesn’t replace a will—in fact, the two work best together.
Having only a trust can leave gaps that a will is specifically designed to cover. Without both, your estate plan may not function as intended.
Key Takeaways:
- Guardians for Minor Children: A trust doesn’t allow you to name guardians for your children. Only a will can designate who should care for them if something happens to you.
- The Pour-Over Will: This type of will “catches” any assets left outside your trust at the time of your death and transfers (or “pours”) them into your trust. It ensures all assets are ultimately distributed according to your wishes.
- Forgotten or New Assets: If you acquire new assets and forget to title them in the name of your trust, the pour-over will ensures they’re still directed to the trust after your death.
- Comprehensive Estate Planning: An estate plan isn’t just one document. It’s a coordinated set of tools—including a will, trust, powers of attorney, and beneficiary designations—designed to protect you and your loved ones.
How Yanowitz Law Firm Can Help
We help Minnesota families build complete, effective estate plans that work as intended—now and in the future. Whether you’re starting fresh or updating an existing trust, we ensure your will and other documents are properly coordinated. From naming guardians to drafting pour-over wills and retitling assets, we guide you through every step so nothing gets overlooked.
Our goal is to give you peace of mind—knowing your wishes will be carried out exactly as you intended.