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Pour-Over Will

A pour-over will is a legal document that works in conjunction with a revocable living trust. It is used to ensure that any assets not explicitly transferred to the trust during a person's lifetime are "poured over" into the trust upon their death. The pour-over will acts as a safety net to capture any assets that were inadvertently left out of the trust.

Here are some key features and benefits of a pour-over will:
 
  • Asset Protection: The primary purpose of a pour-over will is to protect assets that were not transferred to the trust during the person's lifetime. These assets, known as probate assets, will be distributed through the probate process but will ultimately "pour over" into the trust. By doing so, they can benefit from the protections and distribution provisions outlined in the trust.
  • Distribution Control: The pour-over will allows the person creating the trust (known as the Settlor) to maintain control over the distribution of assets. The trust document usually provides detailed instructions on how the assets should be managed and distributed to beneficiaries. The pour-over will ensures that any assets subject to probate will be distributed according to the trust's provisions.
  • Probate Simplification: While a pour-over will does not eliminate the need for probate for the assets it covers, it can simplify the process. Instead of having separate distribution instructions for each asset, the pour-over will directs all probate assets to be transferred to the trust. This helps streamline the administration of the estate.
  • Privacy: Similar to a revocable living trust, a pour-over will can provide privacy. Probate proceedings are public, but the assets that pour over into the trust remain private since they are managed and distributed according to the terms of the trust document. This allows the testator's intentions and the beneficiaries' identities to remain confidential.

It's important to note that the assets pouring over into the trust through the pour-over will may still be subject to the administration fees and time delays associated with the probate process. To minimize probate involvement and maximize the benefits of a revocable living trust, it is advisable to properly fund the trust during your lifetime by transferring assets into it.
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