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Pour Over Will

A pour over will is a will with a clause in it that instructs that all property at the time of the testator's death be poured over into a trust that has set up during the testator's lifetime. The pour-over clause is intended to make sure that any property not included in the trust that has accumulated beyond the time the trust was set up is added to the trust. Property that is added to the trust through a will must first be probated and then put in the trust. In the case of a pour over clause, the trust that it is going to pour over into does not have to have been funded during the decedent's life, it only had to have been created and in existence prior to death.

Fast Facts

  • If the decedent does not create a pour over will and there is property above what is in the trust, that property will be considered intestate.
  • A pour over will revokes any prior wills and helps avoid possibility of conflict between a living trust and a prior will.

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  • What is a Pour Over Will?

    A pour over will literally “pours over” all of your assets into a trust that you have already established.  In...
    • Site: willsandtrustslawfirms.com
  • Pour Over Will

    A pourover will is a type of last will and testament utilized in conjunction with the use of a trust.  The pou...
    • Site: estateplanninglawfirms.com
  • Hiring An Asset Protection Lawyer

    Transferring property following the death of a loved one can be troublesome. Why bother with the complicated p...
    • Site: willsandtrustslawfirms.com
  • How to Declare Bankruptcy

    Bankruptcy can be the lifeline an individual, couple or business needs to get a fresh start and apply the life...
    • Site: lawfirms.com
  • What is a Revocable Living Trust?

    A revocable living trust is a common method of avoiding the probate of one’s assets after death.  By transferr...
    • Site: willsandtrustslawfirms.com

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