Legal Question in Wills and Trusts in Georgia

How does a trust work when there is a will?


Asked on 8/31/15, 9:42 am

1 Answer from Attorneys

Your question makes no sense. If a person has a revocable living trust, then a person should also have an accompanying document called a pour-over will. The purpose is to "pour-over" any net assets which were not included in the trust into the trust after death and administration of the estate.

If this is a testamentary trust, this is usually a part of the will itself. It functions in the same way as a pour-over will but only those assets specified in the will go into the testamentary trust rather than all assets. In either case, both are enforced. There should be no conflicts in the disposition of things.

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Answered on 9/01/15, 9:30 pm


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