Russ Cook & Associates, PC
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How does a pour-over will work with a living trust?

Many individuals and families across Tennessee who timely consult with proven estate planners quickly perceive the strong and diverse value that a revocable living trust can provide for them.

We prominently note on a relevant page of our website at the established Brentwood law firm of Russ Cook & Associates that living trusts are often "a fantastic option" for estate planners. That is especially true for people concerned with both current planning realities and dispositions to heirs at a later date. These are just some of many trust-linked benefits:

  • Planner's continued control over assets during his or her lifetime
  • Planner's autonomy over trust matters if incapacity occurs
  • Cost savings resulting from the ability of a trust to bypass probate
  • Privacy - trusts are not public-record matters

Planners sometimes reasonably pose these questions concerning living trusts and their personal assets: What if I forget to specifically identify and include select assets in a trust or accumulate additional property following trust creation? Are such assets excluded from the trust and destined for distribution via probate, with results I never intended?

That certainly needn't be the case, especially for planners who execute what is termed a "pour-over" will. That instrument is designed to work specifically with a living trust. Its purpose is to guarantee that the assets that weren't included in the trust will be transferred to the trust upon the death of the planner.

In other words, a pour-over will can ensure that assets not initially enumerated and placed in trust will ultimately be transferred to the trust and distributed to beneficiaries as intended.

A proven estate planning team can provide further information concerning this subject matter, as well as regarding all other aspects of estate administration.

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    “I recently moved to TN from MN and needed to re-do my trust documents, including a pet trust, to be compliant with TN law, and to find an entity able to act as my trustee. Russ and his staff were able to answer all of my questions quickly and efficiently, and I am comfortable and confident in Russ's representation and that my new documents will act as they are intended, when the time comes. They even put me in touch with a trustee who was involved in the process as well, which was so helpful. This was a big item on my move "to-do" list, and I am so pleased to have it completed!”

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    “Being new to the area having moved from out of state, I was searching for an attorney to assist in elder estate planning for my mother. I was referred to Russ Cook & Associates and found the firm as a whole and Russ Cook himself to be very helpful and accommodating to my needs, as well as experienced and very knowledgeable on the matter I was seeking assistance. I would definitely recommend Russ Cook and Associates.”

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5141 Virginia Way
Suite 220
Brentwood, TN 37027

Phone: 615-200-9117
Fax: 615-370-5938
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Office Hours:
Monday: 8:00 AM – 4:30 PM
Tuesday: 8:00 AM – 4:30 PM
Wednesday: 8:00 AM – 4:30 PM
Thursday: 8:00 AM – 4:30 PM
Friday: 8:00 AM – 4:30 PM

Summer Hours Office:
8:00 AM - 1:00 PM on Fridays
May 24th Through August 30th

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