What is a pour over will?

Question

My estate plan includes a revocable trust and a document called a pour over will. I understand the general idea that the will sends certain probate property into the trust after death, but I am unclear about whether that means the property still goes through probate first. What is the practical purpose of a pour over will, and why is it not a substitute for actually funding the trust while I am alive?

Soradin · Accepted Answer

It is a will that directs eligible probate assets to an existing trust after death. In the estate planning context, a will and a revocable trust perform different jobs. In the estate planning context, a trust can manage funded assets during life and after death, while a pour over will can name guardians and direct remaining probate assets into the trust. Account terms and state law need to be considered together, which is why the details should be reviewed by a qualified professional before a decision is made.

What is a pour over will?

Soradin

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