The "belt and suspenders" approach to estate planning
By Rozsa Gyene, Estate Planning Attorney | State Bar #208356
Most Californians need both a living trust AND a pour-over will. Here's why:
Think of it as a safety net: The trust is your primary estate plan; the will catches anything that slips through.
A living trust is powerful, but it only controls assets that are actually transferred into it. If you forget to retitle an account, buy a new car, or inherit money and don't update your trust, those assets aren't covered.
Without a pour-over will: Assets outside your trust pass through intestate succession - California's default rules. Your spouse gets some, your children get some, and your trust terms are completely ignored.
With a pour-over will: Those assets "pour over" into your trust and are distributed according to your trust terms. They still go through probate (because they weren't in the trust), but at least they go where you intended.
A will might seem simpler, but it has serious limitations in California:
| Feature | Will Only | Trust + Will |
|---|---|---|
| Avoid probate | No - everything goes through court | Yes - trust assets skip probate |
| Incapacity protection | No - will only works after death | Yes - successor trustee manages assets |
| Privacy | No - wills become public record | Yes - trusts stay private |
| Time to distribute | 12-18 months (probate) | 2-4 weeks |
| Cost to family | $27,000-$50,000+ (probate fees) | Minimal (no court fees) |
Despite the trust's advantages, a will serves purposes that a trust cannot:
This is the big one. Only a will can legally name guardians for your minor children. A trust can control money for children, but it cannot determine who raises them. If you have kids under 18, you need a will.
If any assets need to go through probate (even small ones), your will names the executor who handles this. Without a will, the court appoints someone - possibly not who you'd choose.
As discussed above, the pour-over will ensures everything eventually ends up in your trust, even assets you forgot to transfer.
Estate planning attorneys call using both a trust and will the "belt and suspenders" approach. Each document backs up the other:
During your lifetime: If you become incapacitated, your successor trustee immediately manages trust assets. No court involvement.
After death: Trust assets transfer to beneficiaries in 2-4 weeks. Any forgotten assets go through a small probate, then pour into the trust.
For your children: Your will names their guardians. Your trust controls their inheritance until they're old enough to manage it.
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Yes. A pour-over will catches any assets you forgot to transfer to your trust and names guardians for minor children. Without it, forgotten assets go through intestate succession, not your trust terms.
A pour-over will is a special type of will that works with your living trust. It "pours" any assets not already in your trust into your trust upon death. These assets still go through probate, but they're then distributed according to your trust terms.
No. A will cannot avoid probate, protect you during incapacity, or keep your estate private. A will only takes effect after death and requires court supervision. A trust avoids all of this.
Any assets outside your trust go through intestate succession (California's default rules), not your trust terms. You also cannot name guardians for minor children without a will. Always have both documents.
Yes. Our complete estate planning package includes a revocable living trust, pour-over will, financial power of attorney, and advance healthcare directive - everything you need for complete protection.