Q: My husband passed away in June 2019. His cousin passed 27 hours prior and named him as a beneficiary of her trust.
My husband and I have pour over wills as part of our trust. What steps are needed to recieve his inheritance? Do I have to open a probate case as executor of his will? This inheritance will be over $150,000.00
A: Some Trusts and Wills provide that a beneficiary must survive the writer of the Trust or Will by a certain number of days to receive the inheritance. However, if the cousin's trust lacks such a provision, your husband's gift under the cousin's trust goes to his estate. The successor trustee of the cousin's trust should be able to give the inheritance w/o a probate proceeding to your husband's estate. Technically, this would then require a probate procedure to get the money to you or you and whoever else are beneficiaries of your husband's estate plans. Your husband's trust, designed to avoid probate, unfortunately, does not cover assets that come into his possession after his death. That is why you did both trusts and pour-over Wills. I know this sounds complicated. If your husband was a Nevada resident when he passed, I can explain this without a fee if you care to call.
Firstly, sorry for your loss.
As the cousin named your husband as beneficiary then those funds would be distributed to your late husband's estate. You would then need to Probate your late husband's Will through a Summary Administration to have those funds transferred into your Trust.
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