Stillwater, OK asked in Estate Planning for Oklahoma

Q: Please give me an idea of typical property i.e. home furnishings, tools in my garage, animals, etc. in a pour over will.

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1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Estate Planning Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: A pour-over Last Will and Testament is a document that is ancillary to and supports a Trust agreement. Think of a trust as a wagon, it only works if something is put into it. This is known a funding. When creating a trust, there is usually a document that assigns your personal property into the trust. So, items like furnishing, tools etc.are funded by that document. Other assets such as real estate, mineral interests, vehicles, bank accounts, etc. require re-titling in the name of the trustee for the trust.

A pour-over Will is designed to make sure that was omitted from the funding and would otherwise require probate will eventually end up in the trust. For example, often people with a mineral interest neglect to deed that property into their trust and thus requires probate.

The attorney who set up your estate plan should be able to assist you. If you used a kit, it is likely that there are holes in your estate plan or it might fail.

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