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Pour over Will Form

Pour over Will Form

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What is the Pour Over Will

A pour over will is a legal document that ensures any assets not previously transferred into a trust are directed to that trust upon the individual’s passing. This type of will acts as a safety net, capturing any assets that may have been overlooked during the estate planning process. It is particularly useful for individuals who have established a trust but may not have transferred all their assets into it before death.

How to Use the Pour Over Will

To effectively use a pour over will, it is essential to have a trust in place. When creating the will, specify that any assets not already included in the trust should be transferred to it upon death. This ensures that the trust's terms govern the distribution of those assets. It is advisable to consult with a legal professional to ensure that the pour over will is properly drafted and aligns with the trust's provisions.

Steps to Complete the Pour Over Will

Completing a pour over will involves several key steps:

  • Draft the pour over will, ensuring it references the existing trust.
  • List any assets that should be included in the trust upon death.
  • Sign the document in accordance with state laws, which may require witnesses or notarization.
  • Store the will in a safe place, ideally alongside the trust documents.
  • Review the will periodically to ensure it reflects any changes in assets or personal circumstances.

Legal Use of the Pour Over Will

The pour over will is legally binding as long as it meets the requirements set forth by state law. This typically includes proper execution, such as signing in the presence of witnesses or a notary. The pour over will must also clearly indicate the intent to transfer assets to the trust. Courts generally uphold these wills, making them a reliable tool for estate planning.

Key Elements of the Pour Over Will

Several key elements define a pour over will:

  • Reference to the Trust: The will must explicitly mention the trust to which the assets will pour over.
  • Asset Identification: While not all assets need to be listed, the will should clarify that any assets not in the trust will be included.
  • Execution Requirements: The will must be signed and witnessed according to state laws to be valid.
  • Contingency Provisions: It may include instructions for what happens if the trust is not valid at the time of death.

Examples of Using the Pour Over Will

Consider a scenario where an individual has a trust that holds their primary residence and investment accounts. If they acquire new assets, such as a car or a second home, and do not transfer these into the trust, the pour over will ensures these assets are directed to the trust upon their passing. This process simplifies the distribution of assets and ensures that all property is managed according to the trust's terms.

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