Why a Trust Still Needs a Will
A trust controls only the assets titled in its name or payable to it. Anything left out would otherwise pass under Tennessee’s intestacy rules, which may not match your trust plan.
A pour-over will also gives you a place to nominate a guardian for minor children, which a trust document cannot do on its own.
Pour-Over Wills and Probate
Assets that pour over through the will may still need to go through probate before they reach the trust. The most reliable way to limit probate is to fund the trust during your lifetime.
Your attorney can review how bank accounts, real estate, investment accounts, and business interests are titled, and identify what should be retitled or given a beneficiary designation.
Keeping the Documents Aligned
A pour-over will and a trust should be prepared and reviewed together so they point to each other correctly.
- The will should identify the correct trust and trustee
- The executor and successor trustee are often the same person, but they do not have to be
- Trust amendments should be reviewed alongside the will
- Signing follows the same two-witness requirements as any Tennessee will
Talk With a Murfreesboro Pour-Over Wills Attorney
Carolyn D. Dale is the founding attorney of Dale Law Group, PLLC in Murfreesboro, Tennessee, serving Smyrna, Murfreesboro, Franklin, Nashville, and communities throughout Middle Tennessee. Call +1 866-576-5317 or send a brief, non-confidential message to start a conversation about your goals.
This page provides general information, not legal advice. Representation begins only after a written engagement agreement.
