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Originally Posted by wdfifteen
I have a question about that, Ossi. I have a trust and a pour-over will due to having an IRA. Do the assets outside the trust go through probate and the % hit probate takes before being distributed to the trust, just as if it was a normal will?
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My wife and I recently completed our estate planning and, coincidentally, have recently had to deal with the liquidation of her father's trust. To answer your questions, the pour-over will distributes assets that are outside the trust, into the trust upon death. Once in the trust, they are under the control of the trustee and are not part of probate. Any assets outside the trust, if not mentioned in the pour-over will, are subject to probate. BTW, "personal property" includes many things, like automobiles, that do not have to be itemized in the will.