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Commonly Asked Questions about Pour Over Will Legal Form

Pour-Over Wills and Inheritance If you die before funding inherited assets into your trust, a pour-over will can be helpful. It catches the assets from the estate of your deceased relative. It then directs your personal representative to transfer them from your estate into your trust.
How do you write a pour-over will? Set up a living trust. Before you can make a pour-over will, you first need to create a living trust. Name your trustee as the beneficiary in your pour-over will. Name a will executor. Consider your other estate-planning needs.
The difference between a simple will and a pour-over will is that a simple will is meant to handle your entire estate, such as by leaving it to your spouse or your kids. A pour-over will exists only to move assets into the trust and works in conjunction with either a revocable living trust or an irrevocable trust.
The main disadvantage of using a pour-over will in conjunction with a living trust is that assets captured by the will must go through the standard probate process. It is advantageous to transfer as many assets as possible into your living trust so they can avoid probate.
Pour-Over Will Example When one spouse dies, their car, which the couple titled only in that persons name, ends up flowing smoothly into the trust. The other spouse continues to act as a trustee, so they may continue to use the car as if it were titled to them, even though its title gets transferred to the trust.
When you create a pour-over will, you are letting the state know that you want any non-trust assets to be transferred into your living trust after you have passed away. You are, in effect, permitting your non-trust assets to pour over into the trust.