Pour-Over Wills in Powells Crossroads

Start with the trust the will identifies

Compare the will’s references to a trust with the trust document itself. Check the trust’s name and any identifying details, and note whether the documents appear to refer to the same arrangement. If you have amended or replaced a trust, gather the earlier and current documents rather than assuming the will reflects the latest version.

This review is about coordination, not simply whether you have both documents. The will contains directions about property at death; the trust contains its own terms. Do not assume that a will reference changes the trust’s terms, changes an asset’s ownership, or settles how a particular asset will be handled.

• Gather the signed will, the trust document, and any amendments or restatements you have.
• Mark names, dates, and trust references that differ or are unclear.
• List questions about how the documents relate instead of trying to resolve a discrepancy by editing one document on your own.

Compare will directions with property records

A will and a property record answer different questions. The will shows what its directions say; ownership records help show how a particular property is titled. If you own real estate in Marion County, gather the deed or other ownership paperwork you have and compare its names and ownership details with your estate-planning documents.

The UT CTAS directory lists a separate Marion County Register of Deeds contact at PO Box 789, 1 Courthouse Square, Room 102, Jasper, TN 37347. The directory address may be a mailing address, so confirm current instructions before visiting. A directory listing or recorded document does not, by itself, determine clear title or establish which transfer or procedure is appropriate.

• For each property, record its address, the names shown on the paperwork, and the date of the document.
• Keep deeds and other ownership documents with the will and trust for review.
• Flag differences between the ownership paperwork and the plan; do not assume a will reference alone changes title.

Choose the next step from the comparison

If the will and trust appear to identify the same arrangement and your ownership records are consistent with your understanding, organize the documents and ask whether any further review is useful. If names, dates, or property ownership do not line up, ask which document or record needs attention and what options should be considered before making a change.

Dale Law Group, PLLC offers will and trust planning services. The firm’s office is in Murfreesboro and it serves clients in Tennessee; Powells Crossroads is not listed as a firm office.

• Which trust does the will refer to, and do the documents appear to describe the same trust?
• Does the ownership paperwork for each property match my understanding of how it is held?
• What should I clarify before revising a will, trust, or property record?

Keep roles and records distinct

A will’s directions, trust terms, and property ownership records are not interchangeable. Nor should a trustee’s role be assumed to be the same as an agent’s authority under a power of attorney. If your documents name different people for different roles, bring the documents and ask what authority each one describes.