Even if you use a trust as your primary estate planning tool for distributing your assets after you die, you should also consider having a pour-over will. With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away.
What is the difference between a last will and a pour-over will?
The testator appoints a personal representative (also known as an Executor) to distribute the assets as directed by the will. A pour-over will is a much simpler document whose purpose is to transfer any assets owned by the testator at the time of their death into the living trust.
How to write a pour-over will?
To execute a pour-over will, you first create a revocable living trust, then draft the will stating that any remaining assets at your death will pour over into that trust. After your passing, the will goes through probate, and the court transfers the assets to the trust according to your instructions.
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by AN Polasky 1963 Cited by 28 By a will duly executed pursuant to the provisions of this Code, a testator may devise or bequeath property to the trustee of any trust (including an unfunded
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