What is a pour-over will?

A pour-over will is a legal document that guarantees your remaining assets will automatically go directly into your trust estate when you die, instead of those assets going through probate. It is one of the most important documents you can have when setting up a trust estate to prevent confusion about what should be done with property you have not specifically transferred into the trust—whether by accident or on purpose.

Without a pour-over will, your estate will have to be probated as if you died without a will (intestate) which is a rather lengthy and costly process according to the laws of intestate succession in your state and county. As a result, not having the pour-over will causes the risk that your property might be distributed in a way you did not want to happen as if they had not been in the trust to begin with.

A pour-over will can also give you extra protection against potential legal issues with a trust estate by forcing the court to recognize your intention to give your property to the trust’s beneficiaries even if other parts of the trust become invalid because of changes in the law or in case your trust estate is broke financially at the time of your death.

Leave a Comment