Understanding the Functions of a Will
One of the most important functions of a will is to name a guardian of minor children. While this nomination is not binding, the courts give great deference to a deceased parent's wishes. Further, this designation can eliminate family disputes as to who should have the primary responsibility to raise your children. Other functions include:
- Ensuring Your Property Is Distributed According to Your Wishes
- Sets up a Simple Trust for Assets Left to Minor Children
- Designates Who Will Be Responsible for Winding Up and Distributing Your Estate
Living Trusts & Wills
Even if you have a living trust, you should still have a will. The will passes any property that is owned outside of the trust.
This would include property not transferred into the trust, as well as property acquired after the creation of the trust. In addition, the will can act as a safety device in the event the trust is no longer in place at the time of death.