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Pour-Over Will Should Accompany RLT

March 21, 2012 //  by Jeffrey A. Nirenstein, Estate Planning Attorney

As you are engaged in your inheritance planning efforts, you’re going to have to consider the different choices that you have. One of the primary decisions that you are going to have to make will involve the vehicle or vehicles of asset transfer that you utilize. Everyone has heard of a last Will and a lot of people automatically assume that this is the vehicle that they will use.

In fact, you may want to take pause. If you use a last Will to direct the transfer of your assets to your loved ones, your estate is going to have to be probated. During this process the probate court determines the validity of the Will. If there are no challenges and it is in fact deemed to be valid, the court will supervise the administration of the estate.

The process of estate administration is time-consuming. Depending on whether or not there are any challenges and the relative complexity of the matter coupled with the court caseload it can take anywhere from a number of months to multiple years for an estate to be probated. No monies are distributed until this process has run its course.

This time lag is one of the reasons why people often choose to enable the transfer of assets in a different manner. Revocable living trusts are frequently used, but if you use a trust you still need to execute a Will. A pour-over Will is going to direct assets that you have remaining in your personal possession into the trust after you pass away.

To learn more about Wills and Trusts, simply take a moment to arrange for a consultation with a licensed Hartford Estate Planning attorney.

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Jeffrey A. Nirenstein, Estate Planning Attorney
Jeffrey A. Nirenstein, Estate Planning Attorney
Estate Planning Attorney at Nirenstein, Horowitz & Associates, P.C.
Jeffrey A. Nirenstein is a founding partner and vice president of the law firm of Nirenstein, Horowitz & Associates, P.C. He received his bachelor of arts degree in government from Clark University and his law degree from New York Law School.

Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
Jeffrey A. Nirenstein, Estate Planning Attorney
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Category: Wills and TrustsTag: Estate Planning, Inheritance Planning

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