[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"page-\u002Fcategories\u002Fconstruction\u002Flast-will-and-testament---with-trusts":3},{"type":4,"data":5},"product",{"product_name":6,"slug":7,"category_slug":8,"order_type":9,"product_version_slug":10,"preview":11,"is_previewable":12,"related_products":13,"related_articles":39,"breadcrumbs":72,"productName":6,"productDescription":-1,"productVersionSlug":10,"localeId":-1,"landerSlug":7,"categorySlug":8,"_cmsSource":78,"hero":79,"quickLinks":106,"page_body":107,"meta_information":275,"sidebar_ad":279,"disclaimer":83,"stateSlug":82},"Last Will and Testament - with Trusts","last-will-and-testament---with-trusts","estate-planning","Document","lwtb-2186","  <center><p class='title center'><strong>LAST WILL AND TESTAMENT OF<br><br>_______________________<\u002Fstrong><\u002Fp><\u002Fcenter><br \u002F><br \u002F><p>I, <span style='background: #BBBBBB;'>_____________<\u002Fspan> ("<strong>Testator<\u002Fstrong>"), residing at <span style='background: #BBBBBB;'>_____________<\u002Fspan>, <span style='background: #BBBBBB;'>_____________<\u002Fspan>, <span style='background: #BBBBBB;'>_____________<\u002Fspan> <span style='background: #BBBBBB;'>_____________<\u002Fspan>, and born on <span style='background: #BBBBBB;'>_____________<\u002Fspan>, being of sound body and mind, declare this to be my Last Will and Testament (my "<strong>Will<\u002Fstrong>"), and I hereby revoke any and all wills and codicils I may have previously executed.<\u002Fp><ol>  <li><strong>Declarations.<\u002Fstrong> I declare that, as of the date of this Will, I am not legally married and I do not have children.<\u002Fli>                <li><strong>Executor.<\u002Fstrong> I appoint <span style='background: #BBBBBB;'>_____________<\u002Fspan>, as Executor(s) of this Will. If none of the aforementioned Executors survive me or are able to serve in such capacity for any reason, then I authorize the court to appoint a person or corporation as Executor for my Will. If there are co-Executors and one co-Executor predeceases me or is unable or unwilling to act, the survivor shall serve as Executor. If Executor under this Will shall be unable or unwilling to act in any other jurisdiction where the administration of my estate is necessary, I authorize and direct Executor, and if none exists, then the court, to appoint another individual or corporation to serve in such other jurisdiction. Executor(s) shall have all the powers allowable to executors under the laws of this state as well as the other powers herein stated. I direct that no bond or security of any kind shall be required of any executor.<\u002Fli>  <li><strong>Powers of Executor<\u002Fstrong><\u002Fli>  <ol>    <li>In addition to any powers now or hereafter conferred upon executors by law, Executor shall have the power to<\u002Fli>    <ol>      <li>sell estate assets at public or private sale, for cash or on credit terms;<\u002Fli>      <li>lease estate assets without restriction as to duration; and<\u002Fli>      <li>invest any surplus moneys of the estate in real estate or personal property, as Executor deems advisable.<\u002Fli>    <\u002Fol>    <li>Executor may distribute estate assets otherwise distributable to a minor beneficiary as follows:<\u002Fli>    <ol>      <li>To the guardian of the minor's person or estate;<\u002Fli>      <li>To any adult person with whom the minor resides and who has the care, custody, or control of the minor;<\u002Fli>      <li>To a custodian of the minor under the Uniform Transfers to Minors Act;<\u002Fli>      <li>May defer payment of such property until the minor reaches the age of majority, as defined by his or her state of residence; or<\u002Fli>      <li>May distribute all or part of a bequest to a beneficiary younger than 18 years, if it is in the best interest of that beneficiary. If a beneficiary dies before reaching the age of 18, then the relevant bequest shall be placed into residue. No bond shall be required for such payments.<\u002Fli>          <\u002Fol>    <li>Executor is free of liability and is discharged from any further accountability for distributing assets in compliance with the provisions of this section.<\u002Fli>    <li>On any distribution of assets from the estate, Executor shall have the discretion to partition, allot, and distribute the assets in the following manner:<\u002Fli>    <ol>      <li>In kind, including undivided interest in an asset or in any part of it;<\u002Fli>      <li>Partly in cash and partly in kind; or<\u002Fli>      <li>Entirely in cash.<\u002Fli>    <\u002Fol>    <li>If a distribution is being made to more than one beneficiary, Executor shall have the discretion to distribute assets among them on a pro rata or non pro rata basis, with the assets valued as of the date of distribution. If multiple beneficiaries of a distribution fail to agree upon a division within six months after the date of my death, Executor shall determine the division of the distribution.<\u002Fli>        <li><strong>Payment of Debts, Expenses, and Taxes<\u002Fstrong>. Following my death, to the extent possible, Executor shall pay out of my residuary estate as administrative expenses: (a) all of my legally enforceable debts, funeral expenses, and estate administration expenses, except that any debt or expense secured by a mortgage, pledge, or similar encumbrance on Trust Property need not be paid by Executor, but such property may pass subject to such mortgage, pledge, or similar encumbrance; and (b) all estate, inheritance, legacy, transfer, succession, and other death taxes or duties (together with interest and penalties thereon, if any) that are levied or assessed upon or with respect to any property included as part of my gross estate, whether such property passes under the provisions of this instrument or otherwise. Notwithstanding the above, if a personal representative of my probate estate is appointed within six months after my death, then Executor shall pay the preceding items only to the extent that the value of the cash and readily marketable assets of my probate estate, as determined by Executor, is insufficient to pay those items. The preceding items shall be paid by Executor without seeking reimbursement, recovery, or contribution from any person. Furthermore, no amounts shall be distributed from any retirement plan payable to Executor for the payment of any such debts, expenses, or taxes after September 30th of the year following the year of my death.<\u002Fli>  <\u002Fol>  <li><strong>Irrevocable Upon Death.<\u002Fstrong> This trust shall become irrevocable upon my death.<\u002Fli>    <li><strong>Otherwise Incapacitated Beneficiary.<\u002Fstrong> Any bequest left to a beneficiary who is incapacitated for any reason shall be disbursed when the beneficiary is no longer incapacitated, dies, or when Executor deems it necessary, whichever comes first. Executor shall deem a beneficiary incapacitated, at his or her reasonable discretion, for the purposes of this Will.<\u002Fli>  <li><strong>Gifts Given to a Beneficiary during My Lifetime.<\u002Fstrong> Gifts given to a beneficiary during my lifetime which are provided by this Will to be bequeathed to that same beneficiary upon my death shall satisfy the corresponding bequest provided by this Will.<\u002Fli>        <li><strong>After-Born or Adopted Children.<\u002Fstrong> If subsequent to the execution of this Will there shall be an additional child or children born to or adopted by me, I direct that such birth or adoption shall not revoke this Will and that all references herein to my children and their descendants shall include both my present children and their descendants, and any such after-born or adopted children and their descendants.<\u002Fli>  <li><strong>Intestate Disposition.<\u002Fstrong> If Testator has not made an effective disposition of the residuary estate, Executor shall distribute it to Testator's heirs at law, their identities and respective shares to be determined according to the laws of <span style='background: #BBBBBB;'>_____________<\u002Fspan> in effect on the date of Testator's death relating to intestate succession of property not acquired from a predeceased spouse.<\u002Fli>  <li><strong>Interpretation and Captions.<\u002Fstrong> Wherever the context so requires, words used herein in one gender shall be applicable to all genders, words used in the singular shall include the plural, and words used in the plural shall include the singular. The use of captions are for reference only and are not meant to govern or affect the interpretation of any part of this Will.<\u002Fli>  <\u002Fol><div class='-page-break'><\u002Fdiv>            <div class='-page-break'><\u002Fdiv>    <center><p class='title center'><strong>Declaration of Disposition of Last Remains<\u002Fstrong><\u002Fp><\u002Fcenter><br \u002F><br \u002F>    <p>I, <span style='background: #BBBBBB;'>_____________<\u002Fspan>, being of legal age and sound mind, hereby revoke all prior declarations concerning the disposition of my last remains, and I declare and direct that upon my death the following provisions be taken:<\u002Fp>    <ol>      <li>I hereby appoint the following persons to serve as my agent to control the disposition of my remains as directed by this document. Each agent is to act individually and successively, in the order named, in the event that my primary agent is unable or unwilling to act. This appointment becomes effective upon my death.<\u002Fli>      <ol>        <li>Agent          <br>          <br>          Name: __________________________________________          <br>          Address: ________________________________________          <br>          _______________________________________________          <br>          Phone: _________________________________________        <\u002Fli>        <li>First Successor Agent          <br>          <br>          Name: __________________________________________          <br>          Address: ________________________________________          <br>          _______________________________________________          <br>          Phone: _________________________________________        <\u002Fli>        <li>Second Successor Agent          <br>          <br>          Name: __________________________________________          <br>          Address: ________________________________________          <br>          _______________________________________________          <br>          Phone: _________________________________________        <\u002Fli>      <\u002Fol>      <li>Where permitted by law, I direct my body to be disposed of in the following manner (initial one):<\u002Fli>      <ol>        <li>______ Burial: I direct my body to be buried at          <br>          ________________________________________________________________<\u002Fli>        <li>______ Cremation: I direct my ashes to be disposed of as follows:          <br>          ________________________________________________________________<\u002Fli>        <li>______ Agent's Wishes: I direct that my body will be disposed of by any manner that my agent sees fit.        <\u002Fli>        <li>______ Other: I direct that my body is to be disposed of in the following manner:          <br>          ________________________________________________________________          <br>          ________________________________________________________________          <br>          ________________________________________________________________        <\u002Fli>      <\u002Fol>      <li>I direct my agent to make the following ceremonial arrangements (initial one):<\u002Fli>      <ol>        <li>______ Funeral (with body):          <br>          ________________________________________________________________          <br>          ________________________________________________________________          <br>          ________________________________________________________________        <\u002Fli>        <li>______ Memorial Service (without body):          <br>          ________________________________________________________________          <br>          ________________________________________________________________          <br>          ________________________________________________________________        <\u002Fli>        <li>______ Agent's Wishes: I direct that my agent arranges a ceremony as my agent sees fit.<\u002Fli>        <li>______ Other: I direct that a ceremony takes place in the following manner:          <br>          ________________________________________________________________          <br>          ________________________________________________________________          <br>          ________________________________________________________________        <\u002Fli>      <\u002Fol>      <li>In addition to the aforementioned instructions, I direct my agent with the following Special Instructions:        <br>        ______________________________________________________________________        <br>        ______________________________________________________________________        <br>        ______________________________________________________________________        <br>        ______________________________________________________________________      <\u002Fli>      <li>I may revoke this declaration at any time.<\u002Fli>    <\u002Fol>    <p>I execute this declaration willfully and voluntarily.<\u002Fp>    <p>Sign: ________________________  Date: ____________<\u002Fp>    <p><span style='background: #BBBBBB;'>_____________<\u002Fspan><\u002Fp>    <p><strong>Witness Statement<\u002Fstrong><\u002Fp>    <p>I declare that the person executing this declaration is personally known to me, acting upon his or her own free will and of sound mind.<\u002Fp>    <p>Signed in our presence:<\u002Fp>    <table cellpadding="0" cellspacing="0" border="0" width="100%">      <tr>        <td>          FIRST WITNESS          <br>          <br>          Name: _______________________          <br>          <br>          Address: _____________________          <br>          <br>          _____________________________          <br>          <br>          _____________________________          <br>          <br>          Sign: ________________________          <br>          <br>          Date: ________________________        <\u002Ftd>        <td>          SECOND WITNESS          <br>          <br>          Name: _______________________          <br>          <br>          Address: _____________________          <br>          <br>          _____________________________          <br>          <br>          _____________________________          <br>          <br>          Sign: ________________________          <br>          <br>          Date: ________________________        <\u002Ftd>      <\u002Ftr>          <\u002Ftable>    <div class='-page-break'><\u002Fdiv>                    <div class='-page-break'><\u002Fdiv>    <center><p class='title center'><strong>Instructions for Your Last Will and Testament - with Trusts<\u002Fstrong><\u002Fp><\u002Fcenter><br \u002F><br \u002F>    <p>A will is a legal document that specifies how you, the Testator, wish certain things to occur upon your death, such as the disposition of your remains, how your property is to be distributed, how your debts will be handled, and who will take care of your children, if you have any. It also serves as a backup for any living trusts you might have. Wills must be drafted and executed in accordance with state law and become irrevocable upon your death.<\u002Fp>    <p>Testamentary trusts are those set up by your will to take effect upon your death. There are many advantages of putting testamentary trusts in your will, including:<\u002Fp>    <ul>      <li>protecting your wealth from the beneficiaries' creditors (including from their spouses in the event of a marital breakdown) through a spendthrift trust;<\u002Fli>      <li>reducing the likelihood of claims against your estate;<\u002Fli>      <li>creating a special needs trust for a disabled beneficiary;<\u002Fli>      <li>controlling how your assets are distributed and keeping them in your family line after you pass;<\u002Fli>      <li>giving your children and spouse money over time so that they do not spend it all at once unless absolutely needed;<\u002Fli>      <li>reducing taxes and spreading the burden of taxes; and<\u002Fli>      <li>setting up a pet trust for the care and maintenance of your beloved pets.<\u002Fli>    <\u002Ful>    <p><strong>Types of Property to Give Away in Your Will<\u002Fstrong><\u002Fp>    <p>In the will, if you do not put all your assets into trusts, you will also specify how you want your personal and real estate property to be distributed upon your death as gifts. Personal property means any tangible piece of property you have that is not real estate- for instance books, TVs, collections, cars, pets, etc. and also includes any intangible property you own, such as bank accounts, stock, bonds, certificates, etc. Your main piece of real estate is usually your home.<\u002Fp>    <p>You have all the flexibility you want in deciding what to do with your property. In the will you can state that you wish one person to receive all your personal and real estate property (usually your spouse), you can list specific individuals that should receive specific property, or you can do both, with certain people receiving specific gifts and everything else going to a certain person. Note that you can list as beneficiaries people, businesses, charities, or other entities. Still, it is important to be specific in describing exactly to whom you are giving something and what exactly you are giving them. The more ambiguous you make your will, the more likely a court battle will ensue after you are gone.<\u002Fp>    <p><strong>Digital Assets<\u002Fstrong><\u002Fp>    <p>Digital assets are forming an ever-increasing part of our daily lives. Digital assets can range from digitally stored photos to highly valuable digital assets, such as Bitcoin. If selected, the digital asset clause provides the Executor with the ability to handle these accounts. The digital asset clause also allows for the ability to state their preferences as to their digital assets. These preferences will be listed on a separate Memorandum of Wishes. This document is non-binding and does not form part of the last Will and Testament. Instead, it is there to give further direction to the Executor. However, some digital assets, like email, social media accounts and subscription accounts (such as Netflix) have terms and conditions that do not allow ownership of the account to pass through a Will. That said, some Digital Assets can in fact pass to another person through a Will. Examples include a digital deposit account (e.g. Paypal), funds in an online store account (e.g. Amazon, eBay), and digital property, such as music, photos, and even Bitcoin<\u002Fp>    <p><strong>Residue<\u002Fstrong><\u002Fp>    <p>You will be asked to specify in the will the person or entity who you want to receive the "residue" of your estate. Residue is simply a catchall word that includes everything you own that is not specifically mentioned in the will. This way, if you forget to list something or acquire new property after you sign the will, it will still go to the person you list here. For example, if you want all your personal property to go to your spouse, then you will specify in the will that all your personal property shall go to your spouse and that the residue shall also go to your spouse. You can then do the same for your real estate property. This way you can be assured that you left nothing out of the will.<\u002Fp>    <p><strong>Executor<\u002Fstrong><\u002Fp>    <p>In your will you will appoint an Executor. This is the person who will be responsible for administering your estate once you are gone. Pick someone you trust to ensure that your debts and taxes have been paid and then transfer your remaining assets as you have directed in your will. It is important that they are organized, responsible, and trustworthy, and it helps if they are good with numbers. The task of administering your estate may be quite burdensome. Whoever you appoint may be personally liable for late filings and unpaid taxes. For this reason, if you have a large or complicated estate, we recommend using a lawyer or a bank as Executor.<\u002Fp>    <p><strong>Trustee<\u002Fstrong><\u002Fp>    <p>While the responsibilities of being an Executor can continue for a few years, the responsibilities of a Trustee can continue sometimes for generations. The same considerations of choosing someone who is trustworthy and responsible apply here; however, the financial skills required are even more demanding of a Trustee than of an Executor. Often Trustees will need to know how to invest money, pay bills, collect assets, manage and distribute money, and file accounting statements. While using a relative as a Trustee may save you from having to pay the Trustee a fee to maintain the trust, there may be family conflicts that arise after you are gone that make it difficult for your relative to administer the trust fairly. One possibility is to designate co-Trustees, with your spouse serving as one Trustee and a lawyer or financial advisor serving as the other. Then, if one Trustee dies, the other will continue to serve. At a minimum, a bank or similar institution should be designated as the last successor Trustee so that there will ultimately be a Trustee to take over after any appointed individuals have passed away.<\u002Fp>    <p><strong>Executing Your Will<\u002Fstrong><\u002Fp>    <p>In order to make your will legally valid, you need to ensure that it is properly executed. This means you must sign your will in the presence of two witnesses (three witnesses are needed in New Hampshire and Vermont). You must be at least 18 years old to sign the will (16 years old in Louisiana and 14 years old in Georgia). Also, you should avoid the appearance that you are being pressured to execute your will according to someone else's wishes or that your true intentions are otherwise being restrained.<\u002Fp>    <p><strong>Witnesses<\u002Fstrong><\u002Fp>    <p>You should pick people who are disinterested parties to witness you sign your Will. Note, if you are unable to physically sign the Will, you may direct another person to sign for you. This means that you should not use as witnesses any person named in the Will itself. You also should not use any relative, since a court will probably find that they have an interest in your Will whether they are named in it or not. Finally, the witnesses should be over the age of 18.<\u002Fp>    <p><strong>Self-Proving Affidavit<\u002Fstrong><\u002Fp>    <p>After the Will, you will find a document called "Self-Proving Affidavit." This document is useful for speeding up probate of the Will by helping to establish that the Will was properly executed and witnessed. Note that courts in the state of Ohio and the District of Columbia will not likely accept such affidavits.<\u002Fp>    <p><strong>Codicils<\u002Fstrong><\u002Fp>    <p>A codicil is the document used for later making changes to your will after the will has been executed. It basically lists anything you wish to add or subtract from your will, and it is considered part of your will after it is executed. LegalNature provides a simple and effective <a href="https:\u002F\u002Fwww.legalnature.com\u002Fcategories\u002Festate-planning\u002Fcodicil">codicil<\u002Fa> form for you to use should you decide to make any changes to your will in the future.<\u002Fp>    <p><strong>Division of Marital Property<\u002Fstrong><\u002Fp>    <p>If you are married, what property is considered yours and what property is considered your spouse's depends on which state you live in. In most states, if your name is on the deed or title paper, the property is yours to give away as you please. If both spouses have their name on the property, each owns half. Your ability to give away this half-interest depends on how you and your spouse share ownership. If the property is owned as a "joint tenancy with right of survivorship" or "tenancy by the entirety," then whichever spouse survives longest owns the property, so if you die first, you cannot give it away to someone else. However, if the property is owned as a "tenancy in common," then you are free to give away your half-interest and your spouse will retain their half-interest. If you paid for something or received it as a gift, then you probably own all of it. Also note, that regardless of how you distribute property in your will, if your spouse survives you, then they will probably be entitled to a significant portion of your estate.<\u002Fp>    <p>In certain states, called "community property states," things work a little differently. These states are <strong>Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.<\u002Fstrong> In these states, money and property gained by either spouse during marriage is owned equally by both spouses. The same goes for the debts of either spouse. Still, property inherited by just one spouse or received outside of marriage will belong to just that spouse.<\u002Fp>    <p>NOTE: WILLS ARE IMPORTANT LEGAL DOCUMENTS THAT IMPACT YOUR PROPERTY AND RELATIVES. 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When thinking of estate planning, there are several vital...","\u002Fguides\u002Fproper-estate-planning",{"title":69,"description":70,"link":71},"Estate Planning: When to Update Your Plan and Why","If you have an estate plan already in place, then you have started off on the right path. If you do not have one yet, it is time to get one drawn up so you can have a plan in place. However, once you have your estate plan made, it is not...","\u002Fguides\u002Festate-planning-when-to-update-your-plan-and-why",[73,76],{"label":74,"link":75},"All Documents","\u002Flegal-documents",{"label":16,"link":77},"\u002Fcategories\u002Festate-planning","payload",{"landerVariant":80,"headline":81,"headlineAccent":82,"subtitle":83,"legacySubtitleHtml":84,"checkmarkText":82,"desktopImage":85,"mobileImage":96,"desktopImageUrl":83,"mobileImageUrl":83,"ctaType":105,"ctaText":82,"ctaLink":82},"design-test-v3","Last Will and Testament with Trust",null,"","A last will and testament with trust, also known as a testamentary trust, describes a person’s wishes regarding the distribution of his or her assets upon death and allows the person to put assets into trusts that will go into effect upon death.",{"id":86,"alt":82,"updatedAt":87,"createdAt":88,"url":89,"thumbnailURL":82,"filename":90,"mimeType":91,"filesize":92,"width":93,"height":94,"focalX":95,"focalY":95},249,"2026-08-05T21:21:37.788Z","2026-08-05T21:21:37.687Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FLWT%20and%20Trust%20Preview%20D","LWT and Trust Preview D","image\u002Fwebp",441734,1200,1448,50,{"id":97,"alt":82,"updatedAt":98,"createdAt":99,"url":100,"thumbnailURL":82,"filename":101,"mimeType":91,"filesize":102,"width":103,"height":104,"focalX":95,"focalY":95},250,"2026-08-05T21:21:54.933Z","2026-08-05T21:21:54.889Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FLWT%20and%20Trust%20Preview%20M","LWT and Trust Preview M",71858,1134,690,"standard",[],[108,115,156,162,166,184,190,207,211,217,268],{"id":109,"content":82,"legacyHtml":110,"variant":111,"anchorId":82,"alignment":112,"ctaText":82,"ctaLink":82,"padding":82,"blockName":82,"blockType":113,"visibility":114},"6a15a20af13133005943e65e","\u003Ch3>What is a last will and testament with trust?\u003C\u002Fh3>\n\u003Cp>A last will and testament with trust, or testamentary trust, is a type of trust that is created through instructions in a person’s last will and testament, and it only comes into existence after the person (the grantor or testator) has died. Unlike living trusts, which are established and funded during the grantor’s lifetime, a testamentary trust is formed and funded through the probate process following the grantor’s death.\u003C\u002Fp>","default","left","rich-content",{"hideOnMobile":82,"hideOnDesktop":82},{"id":116,"heading":117,"layout":118,"columns":119,"itemStyle":120,"blockName":82,"items":121,"blockType":154,"visibility":155},"6a15a20af13133005943e662","Choose the estate planning document that is right for you","grid","3","card-with-image",[122,132,144],{"id":123,"title":31,"description":82,"legacyHtml":124,"image":125,"imageUrl":83,"url":32},"6a15a20af13133005943e65f","An estate planning tool that designates how and to whom a person would like to distribute assets and property following their death.",{"id":126,"alt":82,"updatedAt":127,"createdAt":128,"url":129,"thumbnailURL":82,"filename":130,"mimeType":91,"filesize":131,"width":93,"height":94,"focalX":95,"focalY":95},251,"2026-08-05T21:22:42.664Z","2026-08-05T21:22:42.552Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FLWT%20Preview%20D-1.LWT%20Preview%20D","LWT Preview D-1.LWT Preview D",483858,{"id":133,"title":134,"description":82,"legacyHtml":135,"image":136,"imageUrl":83,"url":143},"6a15a20af13133005943e660","Living Will","An advance healthcare directive which allows you to clarify all medical wishes and instructions upfront in the event you become incapacitated so that no misunderstandings occur when it is too late.",{"id":137,"alt":82,"updatedAt":138,"createdAt":139,"url":140,"thumbnailURL":82,"filename":141,"mimeType":91,"filesize":142,"width":93,"height":94,"focalX":95,"focalY":95},233,"2026-07-30T20:32:54.579Z","2026-07-30T20:32:54.490Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FLiving%20Will%20Preview%20D","Living Will Preview D",462478,"\u002Fcategories\u002Fhealthcare\u002Fliving-will",{"id":145,"title":19,"description":82,"legacyHtml":146,"image":147,"imageUrl":83,"url":20},"6a15a20af13133005943e661","Used for securing more control over one's assets during life and then efficiently transferring those assets upon death by containing them securely within a trust. A revocable living trust may be used to avoid probate court and court fees.",{"id":148,"alt":82,"updatedAt":149,"createdAt":150,"url":151,"thumbnailURL":82,"filename":152,"mimeType":91,"filesize":153,"width":93,"height":94,"focalX":95,"focalY":95},252,"2026-08-05T21:24:10.969Z","2026-08-05T21:24:10.893Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FRevocable%20Living%20Trust%20Preview%20D","Revocable Living Trust Preview D",496394,"list",{"hideOnMobile":82,"hideOnDesktop":82},{"id":157,"heading":158,"showStates":12,"hideOnStateOverride":159,"blockName":82,"blockType":160,"visibility":161},"6a15a20af13133005943e663","Create a testamentary trust in your state",false,"state-selector",{"hideOnMobile":82,"hideOnDesktop":82},{"id":163,"content":82,"legacyHtml":164,"variant":111,"anchorId":82,"alignment":112,"ctaText":82,"ctaLink":82,"padding":82,"blockName":82,"blockType":113,"visibility":165},"6a15a20af13133005943e664","\u003Ch3>When to use a last will and testament with trust\u003C\u002Fh3>\n\u003Cp>A last will and testament with trust, or testamentary trust, is often implemented in the following situations:\u003C\u002Fp>\n\u003Cul>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #3598db;\">Providing for Minor Children or Young Beneficiaries\u003C\u002Fspan>:\u003C\u002Fstrong> If you have children who are minors or young adults, a testamentary trust allows you to specify at what age or under what conditions they should receive their inheritance, rather than giving them an outright lump sum.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #3598db;\">Supporting Beneficiaries with Special Needs\u003C\u002Fspan>:\u003C\u002Fstrong> Testamentary trusts are often used to provide for beneficiaries with disabilities or special needs. Properly drafted, these trusts can help maintain the beneficiary’s eligibility for public benefits such as Medicaid or Supplemental Security Income (SSI), since the assets in the trust are not counted as the beneficiary’s own.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #3598db;\">Blended Families\u003C\u002Fspan>:\u003C\u002Fstrong> In cases involving blended families, a testamentary trust can ensure that a surviving spouse is provided for during their lifetime, while ultimately preserving assets for children from a previous marriage.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #3598db;\">Spendthrift or Vulnerable Beneficiaries\u003C\u002Fspan>:\u003C\u002Fstrong> If you are concerned that a beneficiary may not manage an inheritance responsibly (for example, due to poor financial habits or vulnerability to creditors), then a testamentary trust can protect the assets and give you more control over distributions.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #3598db;\">Asset Protection and Family Disputes\u003C\u002Fspan>:\u003C\u002Fstrong> Testamentary trusts can help protect assets from creditors or claims in divorce, and can reduce family disputes by clearly outlining how and when assets are to be distributed.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #3598db;\">Cost and Simplicity\u003C\u002Fspan>:\u003C\u002Fstrong> Testamentary trusts are generally less expensive to set up than living trusts, as they are created within a will and only come into effect after death. This can be appealing for those with simpler estates or limited resources.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #3598db;\">Medicaid and Elder Law Planning\u003C\u002Fspan>:\u003C\u002Fstrong> Testamentary trusts can be used in Medicaid planning to protect a spouse’s eligibility for benefits, ensuring that inherited assets do not disqualify them from receiving care.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003C\u002Ful>\n\u003Cp>\u003C\u002Fp>\n\u003Cp>If avoiding probate court, maintaining privacy, or ensuring immediate access to assets is important, then a living trust may be more suitable, as testamentary trusts require the probate process and become part of the public record.\u003C\u002Fp>",{"hideOnMobile":82,"hideOnDesktop":82},{"id":167,"heading":168,"blockName":82,"items":169,"blockType":182,"visibility":183},"6a15a20af13133005943e668","How to create your last will and testament with trust in 3 easy steps",[170,174,178],{"id":171,"title":172,"description":82,"legacyHtml":173},"6a15a20af13133005943e665","Gather Information","As you complete your testamentary trust, you will need to provide certain relevant information. This includes the name and address of each beneficiary and how any assets will be distributed.",{"id":175,"title":176,"description":82,"legacyHtml":177},"6a15a20af13133005943e666","Complete Our Short Questionnaire","Use the information you collected to complete the testamentary trust. We make this easy by guiding you each step of the way and helping you to customize your document to match your specific needs. ",{"id":179,"title":180,"description":82,"legacyHtml":181},"6a15a20af13133005943e667","Review and Sign","It is always important to read your document thoroughly to ensure it matches your needs and is free of errors and omissions. Some states may require that the testamentary trust is signed and witnessed by at least two individuals in the testator's presence.","steps",{"hideOnMobile":82,"hideOnDesktop":82},{"id":185,"content":82,"legacyHtml":186,"variant":187,"anchorId":82,"alignment":112,"ctaText":188,"ctaLink":82,"padding":82,"blockName":82,"blockType":113,"visibility":189},"6a15a20af13133005943e669","\u003Ch3>Why create a last will and testament with trust?\u003C\u002Fh3>\n\u003Cp>Creating a testamentary trust offers several key advantages for estate planning:\u003C\u002Fp>\n\u003Cul style=\"list-style-type: disc;\">\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Asset Protection\u003C\u002Fspan>:\u003C\u002Fstrong> Testamentary trusts can shield assets from creditors, lawsuits, or potentially irresponsible financial decisions made by beneficiaries, since the trust—not the individual—holds legal title to the assets.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Control Over Distribution\u003C\u002Fspan>:\u003C\u002Fstrong> These estate planning documents allow you to specify exactly how and when you want to distribute assets. For example, you can require that beneficiaries reach a certain age or milestone (such as graduating college) before receiving funds, which is especially valuable if you have minor children or beneficiaries who may not be ready to manage a large inheritance.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Support for Special Needs and Vulnerable Beneficiaries\u003C\u002Fspan>:\u003C\u002Fstrong> Testamentary trusts can be structured to provide for beneficiaries with disabilities or special needs without jeopardizing their eligibility for government benefits like SSI or Medicaid. They are also useful for beneficiaries who may lack financial maturity or are otherwise vulnerable.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Tax Efficiency\u003C\u002Fspan>:\u003C\u002Fstrong> In some jurisdictions, testamentary trusts can be structured to minimize estate or income taxes, potentially preserving more wealth for your beneficiaries.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Flexibility and Modifiability\u003C\u002Fspan>:\u003C\u002Fstrong> Because the trust is created through your will, you can change its terms at any time before your death by updating your will, offering flexibility as your circumstances or wishes evolve.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Cost-Effective for Smaller Estates\u003C\u002Fspan>:\u003C\u002Fstrong> Testamentary trusts are generally less expensive to set up than living trusts and only take effect after death, making them a practical option for those who may not want to incur the costs of a trust during their lifetime.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Blended Families and Complex Family Situations\u003C\u002Fspan>:\u003C\u002Fstrong> They are particularly useful for blended families, allowing you to support a surviving spouse while ultimately ensuring assets pass to children from a previous marriage, or to prevent family disputes over valuable or sentimental assets.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003C\u002Ful>","highlight","Create Your Testamentary Trust Today",{"hideOnMobile":82,"hideOnDesktop":82},{"id":191,"heading":192,"description":82,"legacyHtml":193,"image":194,"imageUrl":203,"layout":204,"blockName":82,"blockType":205,"visibility":206},"6a15a20af13133005943e66a","Why choose LegalNature?","LegalNature offers the qualified experience and guidance to navigate the nuances of estate planning across all 50 states and the District of Columbia. LegalNature offers a 30-day money-back guarantee. If you're not happy, then we’re not happy. Give us a call and let us help.",{"id":195,"alt":82,"updatedAt":196,"createdAt":197,"url":198,"thumbnailURL":82,"filename":199,"mimeType":91,"filesize":200,"width":201,"height":202,"focalX":95,"focalY":95},218,"2026-07-29T18:21:40.238Z","2026-07-29T18:21:40.153Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FWhy%20Choose","Why Choose",204042,786,958,"https:\u002F\u002Fcdn.buttercms.com\u002F0psHhkORYKU5bpz09RWA","image-right","media-content",{"hideOnMobile":82,"hideOnDesktop":82},{"id":208,"content":82,"legacyHtml":209,"variant":111,"anchorId":82,"alignment":112,"ctaText":82,"ctaLink":82,"padding":82,"blockName":82,"blockType":113,"visibility":210},"6a15a20af13133005943e66b","\u003Ch2>Last will and testament with trust guide\u003C\u002Fh2>\n\u003Cp>Below, you will find a detailed description of each of the main components of the testamentary trust. Note that some of these sections may be omitted from your document depending on how you answer the relevant questions.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Cp>The primary role of last will and testament with trust is to identify how assets and liabilities will be handled after the testator—the person creating the testamentary trust —dies, then appointing a third party (trustee) to manage assets on behalf of the beneficiaries. After payment of the debts, taxes, and expenses of administering the estate, the remaining assets that pass through the will are distributed according to its terms.\u003C\u002Fp>\n\u003Cp>Testamentary trusts also serve to identify who will be in charge of handling the estate and take care of administrative tasks like safeguarding assets, paying final expenses, settling and paying valid debts, and filing and meeting any final tax obligations. All this occurs before any distributions to named beneficiaries and heirs are made. The person in charge of handling the estate is called different things in different states, but most commonly that person is known as the personal representative or executor of the estate.\u003C\u002Fp>\n\u003Cp>A testamentary trust can also nominate a guardian to have physical custody of minor children if a child’s parents die before he or she reaches legal age.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Introductory Language\u003C\u002Fh4>\n\u003Cp>The paragraph appearing immediately after the title identifies the testator, lists the testator’s address, and states that the testator is creating the testamentary trust in sound body and mind. This means that the testator has the mental capacity to understand the contents of the testamentary trust and so intends to create it. The final sentence explains that any prior wills or \u003Ca href=\"https:\u002F\u002Fwww.legalnature.com\u002Fcategories\u002Festate-planning\u002Fcodicil\">codicils\u003C\u002Fa> (amendments to wills) that may exist are no longer valid after executing the testamentary trust. “Executing” here simply means the testator’s act of signing the testamentary trust in the presence of witnesses.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Declarations\u003C\u002Fh4>\n\u003Cp>The first section states the testator’s marital status as of the date of signing and identifies the names of any living children (biological or adoptive) that the testator may have.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Payment of Remaining Debts and Expenses\u003C\u002Fh4>\n\u003Cp>Next, the testator will direct that all of his or her remaining debts and expenses are to be repaid out of the residuary estate. The “residuary estate,” or “residue,” is the portion of the testator’s estate comprised of which assets remain after paying the testator’s final debts and expenses and after any specific gifts named in the testamentary trust have been given. By law, your legally enforceable debts must be repaid upon your death, if possible. Other expenses that need to be paid may include funeral arrangement expenses, final healthcare expenses, any court fees accrued throughout the legal probate process, and any outstanding taxes.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>General Instructions\u003C\u002Fh4>\n\u003Cp>This clause instructs that any beneficiary under the testamentary trust must survive, or outlive, the testator by at least 30 days to receive a gift under the testamentary trust. This 30-day requirement is a common legal convention that simplifies the probate process—and the confusion that often ensues—in situations where the testator and the beneficiary may both die around the same point in time due to suffering severe injuries from a catastrophic accident.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Tangible and Intangible Personal Property\u003C\u002Fh4>\n\u003Cp>In this section the testator makes gifts to specific beneficiaries of his or her tangible and intangible property. “Tangible” personal property is any physical asset the testator owns besides real estate, including cars, furniture, jewelry, paintings, etc. “Intangible” personal property is any non-physical asset owned by the testator, such as bank accounts, stocks, bonds, retirement bank accounts, and insurance policies. If the first-choice beneficiary does not survive the testator, then the gift will go to the alternative beneficiary listed. If the alternative beneficiary does not survive the testator, then the gift will be placed into the residuary estate and pass to whatever beneficiary or beneficiaries are due to receive such property. Note that you may designate two or more co-beneficiaries to receive a gift under the testamentary trust. For instance, the testator may name her spouse as the first-choice beneficiary and name all of her children as alternative co-beneficiaries to receive the gift in the event that her spouse does not survive her. Property may also be held in trust for children until they become a certain age specified in the trust.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Digital Assets\u003C\u002Fh4>\n\u003Cp>The testator may specify beneficiaries to receive any of his or her digital assets. These include things like online accounts, social media profiles, photos, and other electronically stored information. All digital assets that do not go to specific beneficiaries will be placed into the residuary estate and pass to whatever beneficiary or co-beneficiaries are due to receive such property.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Estate Disposition\u002FResidue\u003C\u002Fh4>\n\u003Cp>If the testator chooses to make a general gift of all of his or her property, then this section will name the beneficiary or co-beneficiaries to receive the testator’s entire estate. If not, then this section will identify the beneficiary and alternative beneficiary to receive the residuary estate. Again, the “residuary estate,” or simply the “residue,” is made up of the testator’s remaining assets left over after paying the testator’s final debts and expenses and after any specific gifts named in the testamentary trust have been given. If no beneficiary survives the testator, then the residuary estate will pass to the testator’s heirs. The laws that determine how a person's beneficiaries receive property are often complicated, but such property generally is given to the testator’s spouse or closest living blood relative.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Executors\u003C\u002Fh4>\n\u003Cp>This section appoints the executor or co-executors that will be responsible for administering and distributing the estate after the testator’s death. If the first-choice executor is unavailable or unwilling to serve, then the alternative executor named will serve. If none of the named executors are able to serve, then the court will appoint one.\u003C\u002Fp>\n\u003Cp>Depending on your answers to the questions, the executors may be required to post a bond to secure against mishandling of the estate funds and may be required to receive reasonable compensation for their services.\u003C\u002Fp>\n\u003Cp>Finally, the terms of this section allow the executors to utilize any expedited procedures or unsupervised processes that may be available under state law to administer the estate as quickly and efficiently as possible.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Executor Powers\u003C\u002Fh4>\n\u003Cp>Next, the testamentary trust lists the powers available to the executor in administering the estate. Examples include the following powers: to sell, lease, and invest estate assets; to distribute gifts to minor beneficiaries to a minor’s guardian or to postpone payment until the minor reaches the age of majority; and to distribute gifts either in cash, in kind, or partly in cash and partly in kind. Note that this is not an exhaustive list of powers and more may be available under state law. The executor may always look online or ask the probate court if there are ever any questions as to what actions he or she may take. Also, keep in mind that, although the executors have such powers, they must always seek to carry out the intent of the testator as much as possible. Therefore, these powers should be viewed as tools for carrying out the testator’s wishes.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Trustees\u003C\u002Fh4>\n\u003Cp>This section appoints the trustee or trustees that will be responsible for managing the assets on behalf of the beneficiaries. You may also appoint a successor trustee in case of the event that your trustee is unable or unwilling to carry out their duties. Next, the testamentary trust lists the powers available to the executor in administering the estate.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>No Liability\u003C\u002Fh4>\n\u003Cp>The executors may not be held liable for any wrongdoing so long as they distribute assets in compliance with the testamentary trust. Unforeseen complexities in administering an estate may sometimes scare good executors away from serving. This language reassures them that they will not be exposed to personal liability for trying to carry out the testator’s wishes.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Otherwise Incapacitated Beneficiary\u003C\u002Fh4>\n\u003Cp>All beneficiaries must have the requisite level of mental capacity to accept and receive gifts. Gifts left to beneficiaries who are incapacitated will be disbursed to them when they regain capacity, when they die, or when the executor so determines it is appropriate in his or her reasonable discretion.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Gifts given to a Beneficiary during My Lifetime\u003C\u002Fh4>\n\u003Cp>If a beneficiary receives a gift specified under the testamentary trust during the testator’s lifetime, then such gift will be deemed to have been satisfied upon the testator’s death.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Simultaneous Death\u003C\u002Fh4>\n\u003Cp>If the testator is married, then this clause appears stating that the testator’s spouse will be deemed to have survived the testator should they both die under circumstances in which the order of their deaths is uncertain. This clause, therefore, departs from the general rule under the testamentary trust that beneficiaries must survive the testator by at least 30 days to receive a gift.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Guardians of Minor Children\u003C\u002Fh4>\n\u003Cp>If the testator has minor children living (biological or adoptive), then this clause appears stating that the named guardian will receive custody of the children in the event the testator dies without a surviving spouse. An alternative guardian is appointed in case the first-choice guardian is unable to serve.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Guardian Powers\u003C\u002Fh4>\n\u003Cp>If the testator has minor children living (biological or adoptive), then this clause is included to give the guardian the same powers as a parent having legal custody of the children. The guardian is required to see to it that the children have reasonable visitation with members of their immediate family members.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>After-Born or Adopted Children\u003C\u002Fh4>\n\u003Cp>Should the testator have any children born or adopted after signing the testamentary trust, then this clause operates to prevent the testamentary trust from being invalidated and to require that such children be treated similarly as any other children already included under the testamentary trust.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Intestate Disposition\u003C\u002Fh4>\n\u003Cp>Any estate assets in the residuary estate that do not go to the beneficiary or co-beneficiaries designated to receive such property will be distributed to the testator’s heirs following intestate succession. This is essentially a safety net in case any property in the residuary estate is not validly disposed of by the testamentary trust.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Pet Care\u003C\u002Fh4>\n\u003Cp>If you opt to include this section, then it names a person to care for one or more of the testator’s pets after the testator’s death and provides pet care instructions. You may have also chosen to provide a certain sum of money to the caregiver for the support of the pets.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Disposition of Remains\u003C\u002Fh4>\n\u003Cp>If you choose to include it, then in this section the testator sets forth his or her wishes regarding any funeral arrangements and how his or her remains should be disposed of (e.g. by burial, cremation, etc.).\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Interpretation and Captions\u003C\u002Fh4>\n\u003Cp>When construing the meaning of the terms used in the testamentary trust, words will be considered to include either or both genders and to include the singular and plural. Section captions or headers are included for reference only and do not affect the meaning of the testamentary trust.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Omission Acknowledgments\u003C\u002Fh4>\n\u003Cp>If you include it, this section identifies any persons that the testator specifically and intentionally means to leave out of the testamentary trust (e.g. a disinherited spouse or child).\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Testator’s Signature\u003C\u002Fh4>\n\u003Cp>When the testator has carefully read all of the terms of the testamentary trust, in most states he or she must sign it in the presence of at least two disinterested witnesses. This means that the witnesses should not be beneficiaries under the testamentary trust or have any other conflict of interest in witnessing the signing. The testator must also have the mental capacity to understand the contents of the testamentary trust and that he or she is signing it. If the testator is merely physically unable to sign, then he or she may designate someone else to sign on his or her behalf. Finally, the testator must sign freely and not under duress or undue influence from others.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Witness Acknowledgment\u003C\u002Fh4>\n\u003Cp>In most states the testator and the witnesses must all be at least 18 years of age and must sign in the presence of each other (everyone should see each other sign). The acknowledgment affirms their ages, that the testator is of sound mind and memory, and that the signature was not procured fraudulently.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Notary Acknowledgment\u003C\u002Fh4>\n\u003Cp>For certain states, a notary section will be attached. Although not required, it is recommended that a notary also witnesses the signing, which will help prove the authenticity of the testamentary trust should it ever become a legal matter challenged in court.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>Self-Proving Affidavit\u003C\u002Fh4>\n\u003Cp>In states that allow it, a self-proving affidavit appears at the end of the document. Although not required, it is recommended that the two witnesses and a notary sign this affidavit, which will help prove the authenticity of the testamentary trust should it ever be challenged in court.\u003C\u002Fp>",{"hideOnMobile":82,"hideOnDesktop":82},{"id":212,"style":213,"size":214,"blockName":82,"blockType":215,"visibility":216},"6a15a20af13133005943e66c","line","md","separator",{"hideOnMobile":159,"hideOnDesktop":159},{"id":218,"heading":219,"background":220,"blockName":82,"items":221,"blockType":266,"visibility":267},"6a15a20af13133005943e678","Frequently Asked Questions","light-blue",[222,226,230,234,238,242,246,250,254,258,262],{"id":223,"question":224,"answer":82,"legacyHtml":225},"6a15a20af13133005943e66d","What is a testamentary trust inside of a will?","\u003Cp>A will generally identifies certain people as beneficiaries of assets that will be distributed in full when the estate is settled.\u003Cbr>\u003Cbr>A \u003Ca href=\"https:\u002F\u002Fwww.legalnature.com\u002Fcategories\u002Festate-planning\u002Flast-will-and-testament---with-trusts\" target=\"_blank\" rel=\"noopener\">testamentary trust\u003C\u002Fa> is a way to establish trust provisions that provide for ongoing management of assets for the named beneficiaries for a period of time. Unlike a \u003Ca href=\"https:\u002F\u002Fwww.legalnature.com\u002Fcategories\u002Festate-planning\u002Frevocable-living-trust\" target=\"_blank\" rel=\"follow noopener\">revocable living trust\u003C\u002Fa>, which is effective during the trust creator’s lifetime, a testamentary trust does not spring into being until the will is administered after the person’s death.\u003Cbr>\u003Cbr>Testamentary trusts can be used to provide for long-term management of assets and are often used when beneficiaries are minors. The trust provisions generally give a named trustee the authority to make distributions for the beneficiary’s health, education, support, and maintenance. Testamentary trust provisions should also identify under what conditions a lump sum distribution could be made. For instance, this may occur when a child reaches a certain age.\u003C\u002Fp>",{"id":227,"question":228,"answer":82,"legacyHtml":229},"6a15a20af13133005943e66e","Do I need a will?","\u003Cp>Every adult needs to do at least some estate planning, even while young and healthy. In many cases, a will is a key part of an \u003Ca href=\"https:\u002F\u002Fwww.legalnature.com\u002Fguides\u002Fcomponents-of-an-estate-plan-and-how-to-determine-what-you-need\" target=\"_blank\" rel=\"noopener\">estate plan\u003C\u002Fa>. \u003Cbr>\u003Cbr>Specifically, wills are an important planning tool for those who want to make sure that their wishes are formally and legally documented by specifying how their estate should be managed and distributed after they die. \u003Cbr>\u003Cbr>Those with one or more minor children should also consider creating a will to make sure that they have identified contingency plans for the custody of their children in case both parents die prematurely.\u003C\u002Fp>",{"id":231,"question":232,"answer":82,"legacyHtml":233},"6a15a20af13133005943e66f","Can I disinherit someone in my will?","\u003Cp>Wills are governed by state law. In most states, you can disinherit a child, but you cannot completely disinherit a spouse. \u003Cbr>\u003Cbr>One of the reasons someone may choose to create a will is to document his or her wishes for distributing assets unevenly among named beneficiaries or completely disinheriting someone altogether. \u003Cbr>\u003Cbr>If you choose to disinherit a family member, it is a good idea to ensure that your will includes language confirming that any omissions are intentional and are not the result of a mistake. This can help avoid litigation brought by someone who felt they should have inherited a share of your estate. It is also important to note that if any undistributed assets remain in the residue of the estate, any heirs not explicitly disinherited might still receive from the residue. \u003C\u002Fp>",{"id":235,"question":236,"answer":82,"legacyHtml":237},"6a15a20af13133005943e670","Can I change my will?","\u003Cp>You are free to update your will at any time. In fact, it is highly recommended that you review your will periodically to ensure that it still echoes your wishes and reflects the contents of your estate. There are two ways to change your will. Firstly, for minor changes, you can make a document called a \u003Ca href=\"https:\u002F\u002Fwww.legalnature.com\u002Fcategories\u002Festate-planning\u002Fcodicil\" target=\"_blank\" rel=\"noopener\">codicil\u003C\u002Fa>. This document will state the changes you wish to make and will be attached to your will. Alternatively, you can make a new will if you need to make more extensive updates. It is always a good idea to destroy all copies of any old wills and to notify the relevant people.\u003C\u002Fp>",{"id":239,"question":240,"answer":82,"legacyHtml":241},"6a15a20af13133005943e671","How often should I revise my will?","\u003Cp>It is always a good idea to revisit your existing will and other estate planning documents when a major life event occurs. Examples include getting married; getting divorced; the birth, adoption, or death of a child; becoming disabled; or significant changes to your financial situation. As state laws govern the interpretation of a will, moving to another state is also a good time to examine your estate plan to ensure that it is still doing what you want it to do. \u003Cbr>\u003Cbr>Similarly, if someone you named to play a role in the management of your estate dies or become disabled, or if one or more named beneficiaries dies, it is a good idea to review your will and consider making changes. \u003Cbr>\u003Cbr>In addition to these types of major life events, a good rule of thumb is to review your will and other estate planning documents every three to five years. If changes are warranted, remember that they usually need the same legal formalities as creating a new will.\u003C\u002Fp>",{"id":243,"question":244,"answer":82,"legacyHtml":245},"6a15a20af13133005943e672","Do I need to register my will?","\u003Cp>No state requires that you register your will; however, it is important that your named executor and beneficiaries at least know the location of your will or are given copies. If you do decide to register your will, you should contact your local probate court or Secretary of State’s Office to see if your state offers this service. Alternatively, there are private companies that will register and hold a copy of your will. Both state and private companies normally charge a fee for this service.\u003C\u002Fp>",{"id":247,"question":248,"answer":82,"legacyHtml":249},"6a15a20af13133005943e673","Is my will valid if I move out of state?","\u003Cp>Yes; all states are required to recognize and uphold wills from other states. However, local laws may affect how your estate is treated. For example, property may be treated differently when moving from a community property state to a common law property state. If moving abroad, there are no guarantees that your last will and testament will remain valid. When moving, it is recommended that you seek advice on the impact it will have on your estate plan.\u003C\u002Fp>",{"id":251,"question":252,"answer":82,"legacyHtml":253},"6a15a20af13133005943e674","Does having a will eliminate the need for the probate process?","\u003Cp>A valid and legal will does not eliminate the need for a probate court proceeding to wind down someone’s estate; however, it can help streamline the process in many cases, making it faster and simpler. \u003Cbr>\u003Cbr>Whether or not your estate will need to go through a probate court proceeding in your state will depend on your state’s laws and the laws of any other states where you may own real property (real estate). In most states, there is no need for probate court if the total assets that pass through the will (“probate assets”) are under a certain dollar amount, as determined by state law.\u003C\u002Fp>",{"id":255,"question":256,"answer":82,"legacyHtml":257},"6a15a20af13133005943e675","Can a will include guardianship provisions for my minor children?","\u003Cp>Yes. One of the primary reasons many young parents decide to create a will is to plan for the worst-case scenario by nominating someone to have physical custody of their minor child or children in the event of the parents’ premature deaths. \u003Cbr>\u003Cbr>If you decide to nominate a guardian in your will, it is recommended that you discuss your wishes with the person you want to name ahead of time. Becoming a legal guardian for someone else’s child is a big responsibility. You may also want to name one or more successor guardians if the first named person declines or is not able to serve in that role for your children.\u003C\u002Fp>",{"id":259,"question":260,"answer":82,"legacyHtml":261},"6a15a20af13133005943e676","Can my will authorize someone to handle my digital assets when I die?","\u003Cp>A majority of states have adopted some version of the \u003Ca href=\"http:\u002F\u002Fwww.uniformlaws.org\u002Facts\u002Foverview\" target=\"_blank\" rel=\"follow noopener\">Uniform Fiduciary Access to Digital Assets Act\u003C\u002Fa> (UFADAA). These laws generally state that a person creating a will can authorize a designated person to act as a fiduciary for electronic accounts, digital files and records, hardware, software, social media accounts, websites, and any other digital records someone owns at the time of their death. \u003Cbr>\u003Cbr>Generally speaking, the designation in a will or trust instrument covers accounts or other assets for which the account owner did not already designate a fiduciary directly with the service provider (like Facebook) and accounts where the provider’s terms of service fail to provide instructions on what happens to the digital account or asset when the owner dies.\u003C\u002Fp>",{"id":263,"question":264,"answer":82,"legacyHtml":265},"6a15a20af13133005943e677","Where should I keep my will?","\u003Cp>In the event that your will needs to go through a probate court proceeding, having the original document may make that process easier for your nominated personal representative or executor. Therefore, it is important that he or she is able to access the document. \u003Cbr>\u003Cbr>Your will is an important legal document, so keep it in a safe place. This can be a safe deposit box if someone else knows it is there and has authorization to access the box at the bank or other financial institution. Keeping your executed will in a home safe, fireproof safe, or another place inside your home can also be effective, as long as your personal representative or executor knows where to find it. \u003Cbr>\u003Cbr>Generally, there is no need to file or register your will with any state or county government authority; although some jurisdictions allow people to file their wills for safekeeping for only a nominal fee. A law firm on retainer will also often allow you to keep your will with them.\u003C\u002Fp>","faqs",{"hideOnMobile":159,"hideOnDesktop":159},{"id":269,"headline":270,"text":271,"image":272,"ctaText":82,"blockName":82,"blockType":273,"visibility":274},"6a73aa097ec5144d6e47cc23","Start Your Last Will and Testament with Trust","Complete your last will and testament with trust in minutes with LegalNature's intuitive, step-by-step guidance.",{"id":86,"alt":82,"updatedAt":87,"createdAt":88,"url":89,"thumbnailURL":82,"filename":90,"mimeType":91,"filesize":92,"width":93,"height":94,"focalX":95,"focalY":95},"get-started",{"hideOnMobile":82,"hideOnDesktop":82},{"title":276,"description":277,"keyword":83,"og_image":278},"Testamentary Trust Form | Create, Save & Print | LegalNature","Create a last will and testament with testamentary trusts to protect minor beneficiaries. State-specific forms in all 50 states.","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002Fcy5vlGHERHSkimWenegd.jpg",{"headline":280,"image":281,"imageUrl":83,"steps":282},"Create your last will and testament with trust in minutes",{"id":97,"alt":82,"updatedAt":98,"createdAt":99,"url":100,"thumbnailURL":82,"filename":101,"mimeType":91,"filesize":102,"width":103,"height":104,"focalX":95,"focalY":95},[283,286,289],{"id":284,"text":285},"6a15a20af13133005943e679","Complete our form",{"id":287,"text":288},"6a15a20af13133005943e67a","Preview and download your document",{"id":290,"text":291},"6a15a20af13133005943e67b","Review and sign your document"]