Do I Need a Will in Florida if I Already Have a Trust?

Even if you have a revocable living trust in Florida, a will often remains an important part of your estate plan. Your trust can only control assets that are actually transferred into it, so any property left outside the trust at your death may still require a will to ensure it’s distributed according to your wishes. Without a will, those assets could be subject to Florida’s intestacy laws, meaning the state decides who inherits them.

A common solution is a “pour-over will,” which directs any remaining assets into your trust upon death. This ensures that your trust’s terms control the distribution of your entire estate, keeping your plan cohesive and avoiding unintended beneficiaries.

Working with an experienced Florida estate planning attorney ensures your will and trust are drafted to work together and can be updated when your circumstances change. This approach can save your loved ones time, legal fees, and emotional stress after your passing. Book a consultation with Kristen Weiss Legal to consult with an experienced Florida estate planning attorney.