What is not in Your Trust

Oct 17, 2012

A common question about Revocable Living Trusts is what happens to any property that you do not put into the Trust that is not accounted for by some other documents? As attorneys often say, “It depends.”

If you have no other documents except for the Trust, then any remaining property will have to be divided according to the laws of Intestate succession. This is not an ideal solution, but people who get their Trusts from non-attorneys often risk the occurrence of this problem.

If you do get your Trust from an experienced estate planning attorney, then you will have a document known as a Pour Over Will. This is just a simple Will that states that any remaining property should go to your Trust. The Will and the property still have to go through Probate, so it is best to make sure that you put everything into your Trust. However, Pour Over Wills are just more one reason why it is better to hire an experienced attorney for your estate plan than to rely on some other provider.

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