Estate Planning · Memphis, Tennessee
Pour-Over Wills in Memphis
A pour-over will and a trust are related documents, but they do different work. A useful review asks two questions: does the will refer to the trust you intend, and what property is still held outside it?
Start with the relationship between the documents
A pour-over will is intended to direct property through the will to a trust. The trust document, however, sets out the trust’s terms. Review the documents together rather than assuming that having both means every asset is already owned by the trust.
Check the will for the trust it identifies, then compare that reference with the trust document you currently intend to use. Look for differences in names, dates, amendments, or other identifying details. A mismatch is a reason to ask for a document review—not a basis for guessing which document controls.
Compare ownership now with the will’s backup role
The practical choice is whether an asset should be addressed through current ownership arrangements or left to be handled under the will’s instructions. A will does not, by itself, show that an asset is already titled in a trust. Review ownership records and relevant account or property documents to see what they actually say.
For real estate in Shelby County, the Register of Deeds is a separate land-record contact. Its directory listing can help you identify where to seek record information; a directory contact or recorded document does not establish clear title or determine which transfer is appropriate. Confirm current contact details before relying on them.
- Compare the current deed or other ownership record with the trust’s name and the documents you have for the property.
- For other assets, gather the most recent ownership or account records and note any beneficiary or transfer instructions separately.
- Flag missing, inconsistent, or unclear records for review instead of assuming the will will resolve them.
Prepare a simple review sheet
Before a meeting, make a one-page inventory with three columns: asset and current owner; document or record showing that ownership; and the question you want answered. This turns a broad concern into a focused review. Bring the current will, trust document and amendments, plus the records that support each ownership entry.
Add a separate note identifying the trust named in the will and the trust version you believe is current. If you are unsure, say so. Keep questions about who manages the trust distinct from questions about who may act under a power of attorney; those are different roles.
Plan the next step around the unresolved issue
Ask whether the will identifies the intended trust, whether any wording or trust changes should be reviewed together, and which assets appear to remain outside the trust based on the records you gathered. Also ask what ownership or transfer work, if any, should be considered now and what role the will may have later.
Dale Law Group, PLLC offers wills, pour-over wills, and revocable living trusts, as well as probate and trust-administration services. The firm serves Tennessee; its office is in Murfreesboro. For Shelby County court-office information, UT CTAS lists separate contacts for the Clerk & Master and Probate Court Clerk. Those offices are not interchangeable, and a directory listing alone does not establish the right venue or whether a proceeding is needed.
Questions to bring to the discussion
Does a pour-over will mean my property is already in my trust?
No. The will and trust are separate documents, and the will does not establish current ownership of each asset. Review deeds, account records, and other ownership documents to see how property is held, then ask which items may need attention.
What should I bring for a pour-over will review?
Bring your current will, trust document and amendments, and available ownership records for property or accounts you want reviewed. A short list of assets, the record you have for each, and your questions can help focus the discussion.
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.
