Do I have a revocable trust

[metalworking]

My spouse and I had an attorney draw up a will and trust a few years ago. We never funded the trust and no longer wish to. Does the fact that an attorney drew up the documents mean that we do indeed have a legal trust and our estate will transfer to the trust upon death?
Thanks

[toddthebod]

My spouse and I had an attorney draw up a will and trust a few years ago. We never funded the trust and no longer wish to. Does the fact that an attorney drew up the documents mean that we do indeed have a legal trust and our estate will transfer to the trust upon death?
Thanks

The trust is a vehicle for holding property. Typically you need to title property to the trust, although my trust does list some property that was assigned to the trust via the trust document.

In reality, if you haven't titled anything to the trust, you can shred the document and pretend it never existed. (But does your will mention the trust? And do you want to keep the will?)

[cheese_breath]

It sounds like you have a trust. Whether your estate transfers to it or not depends on what the wills say. And they will need to be probated first.

[Lee_WSP]

Yes, you need to revoke the pour over will.

[metalworking]

Thanks everyone. That answers my question