Do I need to set up a Trust or more than a handwritten Will?

I am divorced. I have 1 daughter who is the sole beneficiary and listed as such on all my

financial affairs. I only have a handwritten Will.

Asked on March 25, 2018 under Estate Planning, Idaho


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

What you are doing is a bit of financial planning and that is best done in person and with a professional.  So I would suggest you sit down with someone.  A Trust can be used for many reasons: to make sure that property is secure if a young person inherits and you want it for college, etc.  If everything you have has a beneficairy designation form and she is listed then she will inherit directly.  The Will is good if you left anything out by oversight.  If you have a Trust set up then generally you di a "pour over" Will which pours over anything left over in to the Trust. The handwritten Will is valid if written in your hand (not typed), signed and has two witnesses that saw you sign sign it too.   Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.