Does a pour-over will supercede named beneficiaries?

What is the name of your state? California

If a trust has a pour-over will/clause and assets that were not specified in the trust have beneficiaries assigned them, do those assets still need to be considered part of the trust?

Specifically, life insurance policies and back accounts.

Family Misery said:

What is the name of your state? California

If a trust has a pour-over will/clause and assets that were not specified in the trust have beneficiaries assigned them, do those assets still need to be considered part of the trust?

Specifically, life insurance policies and back accounts.

Click to expand...

Are the bank accounts POD? What has your attorney said about this?

With the documents themselves actually in front of them, it would take an experienced person some time to actually determnie the answers to the questions beyond a few simple issues like POD accounts or life insurance beneficiaries.

If the life insurance policies are NOT titled in the name of the trust, then they go directly to the named beneficiaries outside of the trust.

Agreed. The insurance company MUST pay the named beneficiaries.

The pour over clauses are usually designed for the residuary property, meaning everything else. Since the life insurance has a designated beneficiary, and the bank account probably mentions a a joint tenant with the right of survivorship(?), then the pour over will probably not apply to these two property titles.

*Standard disclaimer: I am not a lawyer. You should talk to a lawyer.