Where the primary estate plan vehicle is a revocable trust, it is advisable to have a pour-over will, which transfers any probate assets to the trust after the client’s death, and also typically contains guardianship provisions for  any minor children of the client. Where the primary estate plan vehicle is the will, the will contains all of the client’s wishes for disposition of assets, nomination of an executor, as well as guardianship provisions. The primary disadvantage to instituting will rather than a revocable living trust as the primary estate plan vehicle is that a will must go through probate, whereas a trust is administered outside of probate proceedings.   

Where a client has very limited assets, meaning that the client does not own a house or any other significant assets, it may be advisable for the client to merely have a will drafted as their primary estate planning vehicle. Our office should be contacted in order to make this determination.

Contact the Tunney Law Group today at (415) 367-5222 to schedule a consultation. We proudly serve clients throughout California.