At least once a week I have a client or friend ask me if they need a Living Trust instead of a Will. Here are the top 5 reasons that you need a Living Trust as your main estate planning document:

1) You have or anticipate that you will have a capacity issue (e.g. you are in the early stages of dementia).
2) You anticipate a Will contest (e.g. you are disinheriting relatives whom you believe will challenge the Will).
3) You own real estate in an unfavorable forum outside of the State of Texas (e.g. California).
4) You own substantial mineral interests and these interests are not already being held by a partnership, LLC or other entity.
5) You want to maintain privacy.