Legal Question in Wills and Trusts in Virginia
Pourover Will and Probate
My mother-in-law passed away
leaving a Revocable Living Trust plus
a Pourover Will, which left any
assets not specifically mentioned in
her Trust to her Trust. I understand
that the assets specified in her Trust
are not subject to Probate.
Inasmuch as the assets covered by
her Pourover Will are assigned to
her Trust, are they also excluded
from Probate?
1 Answer from Attorneys
Re: Pourover Will and Probate
The assets that are poured over into the trust from the will are subject to the probate process, but it's as simple as showing a first and final accounting for the estate that death occurred and the will was admitted to probate on day one, there were assets in the estate, and on day two all the assets were distributed to the trust.
In practice there are a few more things to consider, such as specific pecuniary distributions under the will, and how to handle the debts of the estate, but treatment of those are affected by the specific language of the will and the trust.
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