Which is better a Living Trust or a Last Will and Testament?

Many people believe having a Living Trust will prevent the necessity of probate and thus the requirment of having a Last Will and Testament. They believe a Living Trust will give them privacy because the trust assets do not go through probate.

While there is some truth to this, it is not necessarily the entire truth, and almost inevitably anyone with substantial assets, unless they have hired an experienced attorney will need to have a Last Will and Testament to ensure a smooth transition of any and all remaining assets.

Most reputable Texas attorneys encourage every client to have a Last Will, even if they have a Living Trust. There are several reasons to have a Last Will and Testament, but the most compelling is that the Last Will and Testament is the only way to ensure you legally control all remaining assets, including assets that come to the Testators estate after death.