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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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Results 1-5 of 16 for "pour over will"

  • 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
  • Basics of Creating a Will

    Creating a Last Will and Testament and a Living Will is one of the most important things any individual can do...
    • Site: lawfirms.com
    • 5 of 8 user(s) found this useful
  • Pour-Over Wills

    When people make revocable living trusts to avoid probate, it’s common for them to also make what’s called a “...
    • Site: willsandtrustslawfirms.com
    • 2 of 2 user(s) found this useful
  • How to Read a Will

    Many wills are full of legal jargon. Fortunately, once you understand the terms, they’re not that complicated....
    • Site: willsandtrustslawfirms.com
    • Site: nolo.com

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