Legal Question in Wills and Trusts in New York

When creating a living trust, does last will and other documents go into the trust

Asked on 9/17/23, 6:01 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Typically a living trust is used to save death taxes, avoid high probate costs and/or to protect assets from creditors. As such, most personal assets should go into the trust. This leaves the Will limited to minimal assets like a car.

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Answered on 9/17/23, 5:42 pm
Richard Bryan Richard Bryan Attorney PC

Based on your question I would say you have a fundamental misunderstanding of what a living trust is about. A trust is not a physical place, like a safe deposit box. The question of whether 'a will and other documents go into the trust' makes no sense.

Good luck.

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Answered on 9/17/23, 9:06 pm

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