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What is a Pour Over Will?

A Pour-Over Will ensures that any assets not already in your trust at the time of your death are transferred into it, so they’re distributed according to your trust’s instructions.

Updated over 3 weeks ago

A Pour-Over Will is a type of Will that works alongside your Revocable Living Trust. Its purpose is to ensure that any assets not already transferred into your trust during your lifetime are automatically moved into the trust after your passing.

Think of it as a safety net, capturing any remaining property and ensuring it’s handled according to the instructions in your trust.

How It Works

When you create your estate plan through NetLaw, your Last Will and Testament includes “pour-over” language. This language directs that any assets still held in your name (and not already titled in the name of your trust) are to be transferred, or “poured over”, into the trust upon your death.

Once transferred, those assets are:

  • Managed by your Successor Trustee

  • Distributed according to the terms of your trust

  • No longer governed by the Will

Why It’s Important

Even with a Living Trust in place, you might:

  • Forget to move a newly acquired asset into your trust

  • Intentionally leave certain items out until a later date

  • Overlook minor assets or accounts

A Pour-Over Will helps ensure that:

  • No assets are left out of your estate plan

  • Your trust controls all distributions

  • Your wishes are still carried out, even for assets not previously titled in the trust

Keep in Mind

  • A Pour-Over Will still goes through probate for the assets it covers.

  • It does not eliminate probate but ensures everything ends up in the trust.

  • The goal is to simplify and unify your estate plan by directing all assets to be managed under one legal structure—your trust.

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