Pour-Over Wills in New Union

Start with the connection between the two documents

Read the will and the trust together rather than treating the will as a substitute for the trust. Check whether the will identifies the trust you intend to use: compare the trust’s name and any date or other identifying details shown in the documents. If the references do not appear to match, or you have more than one trust document, flag the discrepancy for review instead of assuming which document controls.

Also compare the people and roles named across the documents. A trustee’s role under a trust is not the same as an executor’s role under a will. Keep those responsibilities distinct when reviewing who is named, who may act, and what information each person needs.

Check what is—and is not—in the trust

Make a simple inventory of property you expect the trust to hold, then compare it with the documents you have for that property. For real estate, look at the deed or other available ownership record for the owner’s name; for financial or other accounts, note the institution and the ownership information shown on the most recent statement or account record. A will that refers to a trust does not, by itself, tell you what an ownership record currently says.

This comparison helps separate two questions: whether the will and trust describe the arrangement you intend, and whether particular property is already held in the trust. If something appears outside the trust, write down what you found and ask what review or action is appropriate for that asset. Do not assume that a recorded document alone proves clear title or determines the right next step.

• Gather the signed will and trust, along with any later amendments or restatements you have.
• List property you expect to be in the trust and the records showing its current owner or account holder.
• Mark inconsistent names, missing documents, and property whose ownership is unclear.

Choose the right review before taking action

If the will identifies an older trust, compare that reference with the trust documents you currently rely on. Ask whether the wording still points to the intended trust and whether the people and terms in the documents remain consistent with your intentions. If property is not shown as trust-owned, ask separately what options may be available; do not assume a will reference has already changed its ownership record.

Dale Law Group, PLLC, led by Carolyn D. Dale, offers pour-over-will and trust planning services in Tennessee. The firm’s office is in Murfreesboro; New Union is an unincorporated Census-designated place in Coffee County, not a separate municipality. For Coffee County land-record contact information, the UT CTAS directory lists a Register of Deeds contact at 1341 McArthur St., Suite 2, Manchester. Confirm the address before visiting. A directory listing is not a title determination or advice about which transfer or proceeding is appropriate.

Questions to bring to a review

Ask: Does the will identify the trust I intend to use? Which document is the current trust, and are there later changes to compare? Which assets appear to be held in the trust based on the records I have? For an asset outside it, what information is needed to evaluate next steps? If a person is named in both documents, what authority comes from each role, and what information should that person receive?