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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 39568
Experience:  Texas lawyer for 30 years in Estate law
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My brother has a trust established but certain items were

Customer Question

my brother has a trust established but certain items were not included in the trust. Are the "non trust" items part of the estate and treated differently than the trust or can they be put in the trust via a "pour over will putting his estate into the trust". If a beneficiary for insurance states "estate" does that trump the "pour over will" and be treated separately?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here the pour over will is probated and it names the trust the heir under the will.The insurance is part of the estate, it is paid to the executor and then the funds pour over to the trust.
But the funds are part of the estate, they get reported on the inventory as do any assets titled personally to the deceased such as cars, houses, etc.
If the other assets are titled to the trust they do not pass through probate but belong to the trust already.
Everything here gets to the trust , it is a question of whether it passes through the estate and then to the trust directly.
Again any insurance or bank accounts that name the estate beneficiary pass through the estate and are part of it and then pour over to the trust after creditors and debts are paid and cost of probate.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 1 year ago.
I appreciate the chance to help you today.
If you can leave a positive rating when we are done it is always much appreciated.
The insurance here would be part of the estate, the will would need to be probated and then the proceeds here pour from the estate into the trust.
Thanks.