Estate Planning and Probate · Arlington, Tennessee

Pour-Over Wills in Arlington

A pour-over will and a trust are separate documents with different roles. A useful review starts by checking whether the will points to the trust you intend—and then comparing that plan with how your property is actually titled.

Start with the will-to-trust match

Gather the signed will and the trust document it is meant to work with. Compare the trust’s name and any identifying date or other details in the will with the trust you currently intend to use. If you have amended or replaced a trust, do not assume an older will identifies the right version; have the documents reviewed together.

The key question is not simply whether you have a pour-over will. It is whether the will and trust describe a coordinated plan that still reflects your intentions. Keep instructions in the will distinct from trust terms: the documents are related, but one should not be treated as a substitute for reviewing the other.

    Compare the plan with property ownership

    Make a simple property-to-document worksheet before a review. For each asset, note what it is, whose name appears on the most recent ownership record, whether you believe it is held in the trust, and what document or record supports that belief. Mark uncertain items rather than guessing.

    This comparison can reveal property that you expected to be in the trust but whose current ownership record does not show that. A will’s reference to a trust does not, by itself, establish that a particular asset is titled in the trust. The appropriate next step depends on the asset and the documents, so do not change ownership or make a transfer based only on the worksheet.

    • Bring the will and every trust version or amendment you have.
    • For real estate, locate the most recent deed or other ownership record available to you; note the property address and the names shown.
    • List accounts or other assets separately, and note any beneficiary or ownership information you can confirm.
    • Flag missing records, inconsistent names, and questions about property acquired after the documents were signed.

    Choose what to address now—and what may come later

    Ownership work now is different from estate administration later. A review can identify whether an asset appears to be held as intended and what questions need attention while you can address them. If property is not held in the trust, ask what options are appropriate for that asset rather than assuming the will resolves its current title.

    If you are reviewing an estate after a death, bring the will, trust, and available ownership records. Ask whether the documents and property records indicate that administration or another step may be needed. A directory listing or recorded document is not, on its own, a determination of ownership, clear title, or the procedure that applies.

      Arlington and Shelby County property-record contacts

      For Shelby County, the UT CTAS Registers of Deeds directory lists a land-record contact at 1075 Mullins Station Road, Suite W165, Memphis, TN 38134. The listed address may be a mailing address; confirm current location and instructions before visiting. A directory contact is a place to seek current information, not a title-search service or a determination of the right transfer.

      Dale Law Group, PLLC serves Tennessee and lists its office in Murfreesboro. This page concerns Arlington; it does not suggest the firm has an Arlington office.

        Questions to take to a review

        Ask: Does this will identify the trust I intend to use? Do the trust and will appear consistent with one another? Which assets appear to be held in the trust, and what records support that? For anything outside it, what should I consider doing now? If reviewing an estate, what additional information is needed to determine the next step?

          Questions to bring to the discussion

          Does a pour-over will show that my property is already in my trust?

          No. The will and the ownership record answer different questions. Check the current record for each asset and ask how any mismatch should be addressed.

          What should I bring if my trust has changed since I signed my will?

          Bring the will, the current trust and amendments, and any older trust versions you still have. Also bring available ownership records and a list of assets whose status is uncertain, so the documents can be compared together.

          Discuss your next step with Dale Law Group

          Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.

          General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.