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How to Make Modifiable Pour-Over Will

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Attorney Andrew Bethel discusses the importance of a pour-over will in conjunction with a living trust. A pour-over will serves to transfer non-trust assets into your trust upon death. It is likened to a cup and saucer, where the trust is the teacup holding your assets, and the pour-over will acts as a saucer catching any assets not included in the trust. This prevents those assets from entering probate—instead, they are collected and poured into the trust, providing a safety net for your estate. It ensures that all assets are directed into the trust rather than falling into probate.

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Can an estate be settled without probate in Florida?

Do all estates require probate? All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies.

How does a pour-over will work in Florida?

A pour-over will in Florida transfers all of a persons property and assets, that are subject to probate, into the decedents trust when he or she passes away. The property transferred into the trust is then distributed to the beneficiaries of the trust by the trusts terms.

Does a pour-over will avoid probate in Florida?

However, in Florida, a pour-over Will does go through probate. This means that whatever property has not been transferred prior to death will become part of the public record and count toward your estate administration fees and estate taxes.

What is the difference between a pour-over will and a will?

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.

What is the difference between a pour-over will and a will?

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.

What do you put in a pour-over will?

You should include language in your Pour Over Will that clearly states: any assets or property that are not in the Trust at the time of death, and that do not have a named beneficiary, should be transferred to the Trust after you pass.

What is another name for a pour-over will?

A living trust is a legal document that lets you direct how your assets are distributed after you die. A living trust owns the assets transferred to it, while still allowing you to use and control that property during your lifetime.

What assets avoid probate in Florida?

Non-probate assets include jointly held property (land, bank accounts) or assets with beneficiary designations with payable on death designations (life insurance, annuities IRAs).

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Make Modifiable Pour-Over Will

Easy instructions on the way to Make Modifiable Pour-Over Will

Follow these simple steps to Make Modifiable Pour-Over Will using DocHub:

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How to Make Modifiable Pour-Over Will

Got questions?

Can an estate be settled without probate in Florida?

How does a pour-over will work in Florida?

Does a pour-over will avoid probate in Florida?

What is the difference between a pour-over will and a will?

What is the difference between a pour-over will and a will?

What do you put in a pour-over will?

What is another name for a pour-over will?

What assets avoid probate in Florida?

See why our customers choose DocHub

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