Can I Create a Living Trust With Assets I Will Receive as Beneficiary Through a Last Will and Testament in the Future?

Generally, in order to fund a Living Trust, a person must have ownership of an asset so that he or she can transfer the title to that asset into the name of the Trust.

Absent clear and current ownership of an asset, it would be difficult to have the authority to make such transfer of the asset to the Trust.

So in essence, the Will in question would have to clear probate and the assets designated in the Last Will and Testament would have to be title transferred to you before you could put those same assets into a Trust.

Once you have full control of the assets in question, you can easily create a Living Trust on your own; details at Standard Legal’s Living Trust legal forms software page.

If you are unsure of the best way to proceed, we suggest you discuss this issue with a licensed attorney. To find a local attorney for FREE, visit Standard Legal’s Attorney Find page.