Estate planning and probate

Pour-Over Wills in Collierville

A pour-over will is designed to direct certain property to a trust under the will’s terms. The practical question is whether the will identifies the trust you intend to use—and what should happen with property that is not held in the trust during your lifetime.

Check the will and trust as a pair

Review the will and the trust together rather than treating the will as a stand-alone plan. Confirm that the trust named in the will is the trust you intend to receive property, and compare the names and identifying details across the documents. If you have amended or replaced a trust, flag that change for review instead of assuming the older will still points to the right document.

The documents have different roles: the trust sets out its terms, while the will provides instructions for property addressed by the will. A pour-over will does not, by itself, show that an asset is already owned by the trust.

    Compare ownership now with instructions later

    For each significant asset, ask two separate questions: who or what currently owns it, and what document or arrangement is intended to address it. Property already held in the trust presents a different review question from property titled in an individual’s name. For the latter, check the ownership records and ask how the current plan is intended to address it; do not assume the will has already changed ownership.

    A useful first step is an asset-and-document inventory. List each asset, its current owner as shown in the records you have, the related account or deed document, and whether you believe it is held in the trust. Mark uncertainties rather than trying to resolve them by guesswork.

    • Gather the signed will and trust, plus any amendments or restatements.
    • Collect available deeds, account statements, and other ownership records.
    • Note changes in assets or documents since the plan was prepared.

    Identify questions about property outside the trust

    If the inventory shows property that may not be held in the trust, identify what you want clarified: whether the ownership record reflects your intent, whether the will addresses the property, and whether another document or step should be considered. The appropriate answer depends on the documents and the asset; recording a document or having a will does not, by itself, establish that ownership is correct or that a particular court procedure is required.

    For Shelby County land-record contact information, the University of Tennessee County Technical Assistance Service lists a Register of Deeds directory contact in Memphis. Confirm current details before relying on them. A directory listing is not a title determination or advice about what transfer is appropriate.

      Prepare for a focused review

      Bring your inventory and the documents that support it. Ask whether the will identifies the intended trust, whether later trust changes affect the plan, how property not currently held in the trust is addressed, and what records would help clarify ownership. Dale Law Group, PLLC offers wills, pour-over wills, revocable living trusts, and probate administration among its estate-planning services.

      Collierville is in Shelby County. Dale Law Group’s office is in Murfreesboro; the firm serves Tennessee. County directory contacts can help locate public-office information, but office listings alone do not establish the correct venue or whether a proceeding is needed.

        Questions to bring to the discussion

        Does a pour-over will mean all my property is already in my trust?

        No. The will and trust serve different roles, and a will does not establish that an asset is currently owned by the trust. Compare the trust documents with ownership records for each asset and flag any uncertainty for review.

        What should I bring to discuss a pour-over will?

        Bring the will, trust and any amendments, along with available deeds, account statements, and a list of assets you believe are outside the trust. Note changes since the plan was prepared and questions about how those assets are intended to be addressed.

        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.