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Q&A: What is a pour-over will?

Ali Katz

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QUESTION

Q: What is a pour-over will?

— Prudent Planner

 

ANSWER

A: Dear Prudent,

For a living trust to function properly, you must first transfer the legal title of any assets you want to be held by the trust from your name into the name of the trust.

Because it can be difficult to transfer the title to every one of your assets into a living trust before your death, most trusts are combined with what’s known as a “pour-over” will. This type of will serves as a backup to a living trust, so all assets not held by the trust upon your death are transferred, or “poured,” into your trust through the probate process.

As a Personal Family Lawyer®, we will not only make sure all of your assets are properly titled when you initially create your trust, but we will also ensure that any new assets you acquire over the course of your life are inventoried and properly funded to your trust. 

Whether you need a trust set up, funded, or you need a pour-over will prepared, contact a Personal Family Lawyer® to get started.