Q: Does an Oregon pour-over will have to go through probate if it uses the power of testamentary to create a new trust?
Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because she used her power of testamentary to create a new trust, but I'm not sure. Thanks.
A: Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort out these facts and advise as to whether or not a probate is needed in your situation.
A: I agree with Theressa as well. Testamentary powers are generally given to an executor or personal representative of an estate, but only once a probate has begun. You should speak with an attorney to get it sorted out so that the assets can pass to the intended beneficiaries without legal issue.
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