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What is a Pour-Over Will and How Does It Work

Posted by Mariserg Anonales-Lopez | Oct 18, 2024 | 0 Comments

When it comes to estate planning, you've probably heard of the usual suspects like Wills and trusts. But what about a Pour-Over Will? This lesser-known document can be a game-changer when it comes to keeping your estate plan comprehensive and ensuring that all of your assets are protected and distributed according to your wishes. In this blog post, we'll break down exactly what a Pour-Over Will is, how it works, and why it might be a smart addition to your estate plan.

What is a Pour-Over Will?

A pour-Over Will is a special type of Will that acts as a safety net for your estate plan. In a traditional Will, you would specify exactly how each of your assets should be distributed to your beneficiaries. But with a Pour-Over Will, any assets that aren't already included in your Trust—either because you forgot to transfer them or acquired them after creating your Trust—“pour over” into the Trust when you pass away.
Essentially, a Pour-Over Will ensures that any assets left out of your Trust for one reason or another don't get lost or go through a separate legal process. Instead, assets are transferred into your existing Trust, so everything is managed and distributed according to the trust's terms.

How Does a Pour-Over Will Work?

Let's say you created a living Trust to hold your assets. You've transferred your home, bank accounts, and investments into the Trust, but you happen to acquire a new property later on, and you forget to transfer it into the Trust before you pass away. Without a Pour-Over Will, this property would be distributed based on intestacy laws. 

The Benefits of a Pour-Over Will

A pour-over will offers several advantages, especially when paired with a living Trust. Here are a few of the key benefits:

  • Ensures Consistency: If you have a Trust, you probably want all of your assets to be governed by its terms. A Pour-Over Will acts as a backup, capturing any assets not already included in the Trust, so everything is handled according to one cohesive plan.
  • Simplifies Asset Management: When all of your assets eventually end up in your Trust, your trustee can manage and distribute everything in one place, rather than dealing with separate legal processes for assets left out of the Trust.
  • Protects Against Oversights: It's easy to overlook a few assets when creating your Trust or to acquire new ones after your estate plan is in place. A Pour-Over Will catches these loose ends and ensures that nothing slips through the cracks.
  • Reduces Probate Complications: While a Pour-Over will won't completely avoid probate, it helps minimize its impact. Since the will's primary function is to transfer assets into your Trust, the probate process is often quicker and less complex than if you had no Will at all.

What's the Difference Between a Pour-Over Will and a Regular Will?

The main difference between a Pour-Over Will and a traditional will is how assets are distributed. In a traditional will, you name specific beneficiaries for each of your assets. The probate court then supervises the distribution according to your instructions.

In a Pour-Over Will, however, the Will itself doesn't dictate who gets what. Instead, it specifies that all remaining assets should be transferred into your Trust. From there, the Trust dictates how those assets are managed and distributed.

Potential Drawbacks of a Pour-Over Will

While a Pour-Over Will is a great tool, it's important to understand its limitations:

  • Probate is Still Required: A Pour-Over Will won't completely avoid probate. Any assets that are not in your Trust at the time of your death will still go through the probate process before they are transferred into the Trust. However, since the Will's instructions are simple, the probate process is usually more straightforward.
  • Not a Substitute for Funding Your Trust: A Pour-Over Will should be a backup, not your primary estate planning tool. The best practice is to keep your Trust up-to-date by regularly transferring new assets into it, so they can bypass probate entirely.

Do You Need a Pour-Over Will?

If you already have a living trust or are thinking about creating one, a Pour-Over Will can be an invaluable addition to your estate plan. It acts as a safeguard to make sure that all of your assets, whether planned or unplanned, are distributed according to your wishes. However, a Pour-Over Will works best as part of a comprehensive estate plan, so it's always a good idea to consult with an estate planning attorney to determine if it's the right choice for you.

Estate planning can seem complicated, but a Pour-Over Will is one way to simplify things and make sure that all of your bases are covered. It provides a seamless way to integrate any overlooked assets into your Trust, ensuring that your estate is managed and distributed just as you intended. For legal assistance and guidance, contact us at Katherine L. Maloney & Associates at 815-577-9763.

We'll work with you to develop an estate plan that gives you peace of mind and keeps your family's future secure.

About the Author

Mariserg Anonales-Lopez

Mariserg Anonales-Lopez joined Rathbun, Cservenyak, & Kozol, LLC as an associate attorney in 2023. Her current practice areas include family law, probate, guardianship, and general litigation. Ms. Anonales-Lopez, who was born in California, grew up in Aurora, Illinois as a first-generation Mexican American. ...

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