What Do I Need Besides a Living Trust?

A living trust is not enough. Adding simple documents in addition to your living trust will create a comprehensive estate plan to protect both you and your family. Find out more about which documents you may need and how to get them.

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what do i need besides a living trust

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Updated on: January 28, 2025
Read time: 4 min

In creating an estate plan, there is often a lot of confusion when trying to determine exactly what documents are needed. While many types of trusts exist, a simple revocable living trust for probate avoidance, also known as a “living trust” is the most common. The living trust, however, is not the only important document you need when you’re creating an estate plan. Simple pre-planning with some other living trust basics can avoid potential problems that arise if you become incapacitated and after you pass away. These advance planning documents help protect all of your financial and medical needs, and even other caretaking needs. For most people, the estate plan can be completed by creating living trust forms and also including a pour-over will, a power of attorney, and an advance medical directive.

What is a living trust?

A living trust is a legal document through which your property, also known as assets, are placed. It is called a living trust because it is established and used for your benefit while you are alive. After you pass away, those assets are then transferred according to your wishes to your desired beneficiaries. The person who carries out your wishes is known as the successor trustee. If properly constructed, a living trust avoids probate, can distribute assets to your beneficiaries over a period of time, and protect against issues arising from potential incapacity, among other benefits.

Pour-over will

Although it may seem counter-intuitive as a living trust is often seen as the “alternative” to a will, both a will and trust are needed. When creating a living trust, however, a special will is created and becomes a necessary complement to the living trust. Even though the purpose of a typical living trust is to place into the trust all of your property in order to avoid probate and protect that property if you become incapacitated, occasionally some property is inadvertently left out. A pour-over will states that any property not previously placed into the trust can be transferred to the trust and administered by the trustee. This will “pours” the remaining property into the trust. If property is outside a trust and you do not have this type of will, property might be distributed according to the laws of your state of residence which might not be your desired distribution.

Another extremely important aspect of the will is that it designates your appointed guardians for any minor child. By formally appointing guardians, it will ensure that your children are raised by those family members or friends of your choosing instead of a judge who will likely not be familiar with your family and circumstances.

Power of attorney

A power of attorney is a document that allows a designated person to manage your finances, such as paying your bills, if you become incapacitated and unable to make decisions for yourself. This person is known as a attorney-in-fact. Upon your incapacity, your attorney-in-fact would be able to access your accounts, pay your medical bills, obtain financial information, etc. Without this document, your bank accounts and other property in your name would be entirely inaccessible without lengthy and expensive legal proceedings. A power of attorney used in conjunction with a living trust for your designated representatives to effectively handle your financial affairs while you cannot, providing you a piece of mind for yourself and your family.

Advance medical directive

An advance medical directive includes all of the medical information needed by your family and healthcare providers when you are not able to convey this information yourself. An advance directive consists of a living will and a healthcare power of attorney.

A living will sets forth all your intentions and wishes regarding your health. The healthcare power of attorney designates a specific person to make healthcare decisions for you for any and all decisions that need to be made that were not listed in the living will portion of the advance medical directive.

A copy of this document should be given to any designate agent as well as your primary medical physician and any treating physician for a surgery or any other procedure.

Other things to consider

While the living trust, along with the other three documents, are generally the main documents, your needs as well as your family’s needs may require additional planning. For example, a small business will likely require more estate planning to ensure a smooth transition to those people who are in the best position to take over the company or to wind it down. Also, specific trusts can be developed for children or other individuals with special needs or those receiving governmental aid. A comprehensive estate plan tailored to your family’s needs will generally prevent unnecessarily expensive and stressful situations in the long run.

If you're not sure which estate planning documents you need, the LegalZoom estate planning tool can help you decide. If you need more than one estate planning document, the estate planning bundle provides all the documents you need for one low price.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

49 days ago
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Grateful to Patti Green

Patti Green helped me so much to finish my order. She was very patient and pleasant with me and guided me so well with my living trust. She made it clear and explained things that I could understand to finish this. She is an asset to your company and I would recommend her with excellence

CU
51 days ago
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I had no Idea what to do to update my…

I had no Idea what to do to update my Living Trust. They answered all my questions and they also helped me get info I did not know I needed.

Bryan Q
57 days ago
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Living Trust Premium

Our Representative, Stormy was fantastic! She stayed with us through the whole process. She was very helpful and thorough.

sremeikis
65 days ago
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I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
67 days ago
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LegalZoom

I was impressed by the user-friendly interface and the outstanding support I received while creating a Revocable Living Trust. The ability to connect with support representatives in real time to address my questions was incredibly valuable. For those looking to establish a straightforward trust, I can highly recommend LegalZoom.

TDM
73 days ago
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Rida has been very helpful with respect…

Rida has been very helpful with respect o guiding me through the process of properly revising the Living trust for my elderly parents. His patience has been exemplary.

Frantz Michel
81 days ago
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Elizabeth Tisdale

Elizabeth Tisdale, knowledgeable,been having problems with the forms in my living trust,for the past two weeks and had to pay every time, Elizabeth was patient with me and explained every detail until it was corrected,she get my 5 stars

MARIA CORONA
81 days ago
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Taking the Initiative

Taking the initiative to do the info. research on our living Trust...set up back in 2016..Made the call an efficient, as well as a pleasant experience. Very thorough and friendly. Set up our atty consultation Thanks for great service!

Vicki Switzer
88 days ago
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Carmen was so patient with me

Carmen was so patient with me! Thank you for all your direction and guidance with my living Trust! Great job!

Tina Garcia
91 days ago
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Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
99 days ago
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Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
99 days ago
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Excellent LegalZoom Attorney

The LegalZoom attorney was extremely helpful in the "walk thru" assistance as I prepared the Living Trust document. The service was excellent.

customer
108 days ago
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Happy with my initial contact with Legal Zoom

Rebecca fully answered my questions about creating a living trust. She is friendly and professional, and with my mind at ease, I am looking forward to starting this process with Legal Zoom. I am confident that this will be the best route for me to take to make things a lot easier for my family when I'm gone. (And, easy for me!) I plan to be in touch in the next several weeks. Thanks, Rebecca!

Carol
126 days ago
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Michelle very professionally guided me…

Michelle very professionally guided me with her knowledge and amazing patience through the entire process of setting up my Living Trust. I am so relieved and grateful for her help. I have used LegalZoom before and you are my go to for legal advice. Thank you again Michelle.

Paula Bateman
134 days ago
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Quality Staff

I needed to revise my entire living trust and had put it off for years. Your staff member Eden walked me through the process with such patience and concern. Had I known it would be so easy, I would have never put it off this long. A testament to you quality staff.

Ady Filipescu
143 days ago
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Really great job in guiding me to…

Really great job in guiding me to finish my living trust .

Ronnie Ball
149 days ago
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5 Stars

5 Stars – Outstanding Customer Service from Tammy at LegalZoom I had the pleasure of working with Tammy from LegalZoom regarding my living trust documents, and I couldn't be more impressed. She was professional, patient, and incredibly knowledgeable. Tammy took the time to walk me through every step, answered all my questions clearly, and made a complex process feel simple and stress-free. Her attention to detail and genuine care made all the difference. LegalZoom is lucky to have someone like her on their team. Thank you, Tammy!

Cn
149 days ago
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Ease and help of making changes to my…

Ease and help of making changes to my living trust. LegalZoom rep walked me through the process without any difficulties. Really like working with LegalZoom.

Gregory Bechtol
156 days ago
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Enjoyed working with Kevin to finalize…

Enjoyed working with Kevin to finalize our Living Trust language. His knowledge on this product certainly increases our confidence in the viability of the final document.

JOHN in CALIFORNIA
Rated4.6out of 5 based on23,759+ reviewson

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