Legal Question in Wills and Trusts in Florida

Re: Living Trust

Although not required, it is highly recommended to have a will in addition to any living trust. The will is called a "pour over will" which will cover remainder property and assets not covered by the living trust. Most people acquire property after creating their living trust and neglect to manage the trust properly. By having the "pour over will" you will have control of how to distribute all property.

Should you have any further questions or need assistance in preparing the will, please feel free to contact me via email or phone at (407) 353-4728.

Re: Living Trust

A TRUST IS ONLY EFFECTIVE OVER ASSETS TITLED IN THE NAME OF THE TRUST, OR WHICH HAVE THE TRUST AS BENEFICIARY. THE WILL IS TO COVER ANYTHING WHICH MAY BE LEFT OUT OF THE TRUST, AND LEAVES SUCH ASSETS TO THE TRUST (A "POUR-OVER WILL"). I ALWAYS DO SUCH A WILL FOR CLIENTS WHEN I PREPARE A TRUST FOR THEM, AND WOULD REQUIRE A CLIENT TO SIGN AN INFORMED WAIVER SPECICALLY TELLING ME NOT TO DO ONE, IF THEY INSISTED ON NOT HAVING ONE. YES, IT IS NECESSARY.