Transform your daily workflows and Merge Pour-Over Will

Aug 6th, 2022
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How to Merge Pour-Over Will

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hi attorney andrew bethel weve talked previously about why you still need a last will and testament with a trust now lets talk about that will in detail the poor over will what it is and how does it differ from a normal last will and testament or living will your pour over will works in conjunction with a living trust in laymans terms it grabs non-trust assets and pours them into your trust one way ive heard it described is with a cup and saucer example think of your trust as a teacup with the tea of course being your assets held in trust one of the functions of the saucer placed under your cup is that it catches anything that doesnt make its way into or spills out of the cup that saucer is your pour over will collecting assets that did not make their way into the trust rather than letting them fall on the table which here is probate another way to think about your poor over will is that its a safety net its catching assets before they hit the floor which again here is probate

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The four main types of wills are simple, testamentary trust, joint, and living. Other types of wills include holographic wills, which are handwritten, and oral wills, also called nuncupativethough they may not be valid in your state. Your circumstances determine which is best for you.
Per stirpes, Latin for by branch, refers to every person down a family tree beginning from another person. For example, everyone below a parent, such as their children and their great-grandchildren, is included in a branch.
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.
Under the terms of a pour-over will, all property that passes through the will at your death is transferred to (poured into) your trust. Then its distributed to the trust beneficiaries you named while you were alive.
The 21-year rule The main downside is the 21-year deemed disposition rule. Under the Income Tax Act, trusts are generally deemed to dispose of their property 21 years after their creation. The trust is considered to have sold all its assets at once, and all the unrealized gains on the trust property are taxed.
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.
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.
A pour-over will is a type of will that works in partnership with a living trust. Its designed to catch property you didnt put in your trust during your lifetime letting the court know you want these assets transferred to your trust after you die.

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