Legal Question in Wills and Trusts in Nevada

my boys are the beneficiary's the their grandmother's property. the trust says it correctly that they will inherit an estate when they reach 18. the will does not mention that. it says that she ommitted her heirs and next of kin. and gives everything to the trustee.. how can this be??


Asked on 6/20/12, 11:21 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

It is likely that the boys' grandmother has what is called a "pourover" will. This means that it is designed to act as a safety net for any property that was inadvertently left out of the trust. Essentially, it probably says that she formed the trust and thought she put all her property into the trust, and titled any subsequently-acquired property in the name of the trust, but for anything that she missed, she hereby leaves it to . . . the trust. The wording may make it appear she is leaving property to her successor trustee, but I'd bet it says it is left to the successor trustee to distribute as specified within her trust. See? Property in the trust is given according to the trust, and property outside the trust is given TO THE TRUST to distribute. There is no contradiction in that (if my assumption is correct), and all property will be disbursed according to the terms of her trust document.

Of course, we would have to review the documents to be sure, but this is a very conventional approach to specifying the intent of the giver. We would be happy to read through the trust and will for you to ensure this is the stated intent.

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Answered on 6/21/12, 12:25 am


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