If my husband and I have a living trust, why would he also need a separate will?

My husband and I prepared a living trust about 10 years ago with an attorney. I recently discovered that my husband went and had an outside will prepared just for him. Why would a will be needed? How could that affect our living trust? Would you suggest I do anything in particular to make sure I'm legally protected as a spouse in a community property state?

Estate Planning
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March 2017
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I am not a lawyer, so my answer would need to be verified with a proper attorney qualified in estate planning. That being said, the answer lies in the purpose of each document. The living trust only covers your property that is titled in the trust. For instance, a fully owned vacation home in another state may be titled in the trust to ease estate planning. The key is titling of assets. The will takes care of any estate items that are not titled. For instance, you can't put a beneficiary on your home if it is owned by you. The home usually has to pass through the will (there are exceptions). Think of a will as a way to tell the state you live in that any property that you own is to go to a person you want and there is no other way to do it. The will will not affect any titled property in a living trust. For community property, that is usually for divorce purposes.

March 2017