Answer:
Yes. A trust, if properly set up and funded, should drive the distribution of your estate after you pass away and or during any period of incapacity. However, a special type of will known as a "pour-over" will is usually always executed with any revocable living trust estate plan I draft. Think of the will as back up plan or as a bucket. The "bucket" is there to scoop up any asset that should have been in your trust. In essence, the pour-over will tells the court, "I want all of my property to be distributed according to the terms of my trust." This way, when assets that should have been funded in the trust are left out, there is an argument and a mechanism to pour those assets into your trust. Moreover, for parents with minor children, you would always want a will to set forth who the guardians of your children should be in the event of your death.
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