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Commonly Asked Questions about Pour Over Will Legal Forms

The main difference is in scope. A standard will is intended to account for the entirety of the deceaseds estate. They provide instructions for distributing all assets. By comparison, a pour-over will only gives instruction for handling assets not included in the standard will.
I give all of my probate estate, after expenses and taxes are for under this Last Will and Testament, to the then-acting Trustee of the [Trust Name], dated [Trust Date], and any amendments thereto (the Trust), executed before this Last Will and Testament, to be added to the property of that 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 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.
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.