Is it better to create a Trust and a Will in TX or just have the Will with the desire of a testamentary Trust in the Will?

Asked over 1 year ago - Hayward, CA

If the Trust is created by me for my assets now, do the successor trustees have to come down to Texas to sign it now?

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20

    9

    Lawyers agree

    Answered . Given only your two options, I would choose the trust and a Will. This would give you the possibility of avoiding probate, upon your death. Normally, the successor trustees would not be required to sign the trust agreement. Your trust and the accompanying documents should be prepared by an attorney. The attorney will not only prepare all necessary documents correctly, but will also assist you with funding the trust and answering any ongoing questions that may crop up.

    You are very wise to be taking care of this. Your beneficiaries will thank you.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. Steven M Zelinger

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Whether a will with a testamentary trust at the "end" is better or a revocable living trust (with a "pour over" will) is best is really dependent on the situation so you need to visit with an attorney to determine your needs and options. In many cases the living trust is best or makes the most sense with all things considered. Speak to an attorney please.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Which option is better depends on your circumstances. The most important item, as I see it, is that you need to consult with a local estate planning attorney, and not take this on as a do-it-yourself project. By reviewing your circumstances with local counsel, you will be able to make an informed decision on which avenue is best under your particular facts. I applaud you for taking the initiative to ask the question.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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