When we set up your trust, we include a will in your estate plan as well. While the trust takes care of your real property and bank accounts, the will takes care of your personal belongings and acts as a safeguard in case the Trust is ever held invalid. After 30 years and 8,000 trusts, James F. Roberts has never had a trust successfully contested or held to be invalid. However, if for any reason your trust is held to be invalid, your will states that you wish for your trust to be the controlling document. In the event that an asset is not titled in your trust, your will contains a pour-over provision that in essence allows such assets to be distributed according to your directions in the trust. More importantly, your will allows you to designate a guardian for your minor children rather than having one appointed by the court.
