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Pour Over Will

Pour Over Will

This question comes up from time to time because I’m an estate planning lawyer. Let’s say that during your lifetime, you create a will and a living trust. How do they work together? Even if you create a living trust, any assets not included the trust can be fully controlled and distributed the way you want after your death. This is why people choose to create a pour-over will. Read on to learn about pour-over wills and their legal effects.

What Is a Pour-Over Will?

A pour-over will is a type of will used with a living trust that “pours” all of the assets belonging to the testator into a trust that he or she had set up before death. The terms in a pour-over will allows any assets that the testator failed to transfer into a trust during his or her life to be passed into the trust at the testator’s death. The purpose of pour-over wills is to guarantee the assets that weren’t included in the trust will be transferred. Those assets will then be distributed to the beneficiaries of the trust.

How Does a Pour-Over Will Work?

Having a valid pour-over will saves you time because you don’t have to constantly change your trust to add or replace trust assets. You only need to have some sort of valuable assets in the trust, and your pour-over will pick up any assets or property that are not included in your trust upon your death.

In order to validly execute a will, you must meet the following elements: (1) the testator’s testamentary capacity; (2) the will is in writing; (3) the testator’s signature on the will; and (4) two witnesses of will execution. For pour-over wills, the trusts to be “poured over” should mention the will and execute prior to or contemporaneously with the will. Make sure to check your state’s law because some states may have additional requirements to will formalities.

Upon your death, the executor of your estate will start working on your estate. Executors have to go through probate and get permission from the probate court before proceeding on with their duties. Generally, an executor’s main duties are gathering the assets and paying outstanding debts and loans. The truth is, a pour-over will is an essential part of estate planning.

For a pour-over will, the executor will need to take all of your assets that pass under the will and put them in the living trust you created. Once the assets are put in the trust, the trustee you named in your trust will collect the trust assets and distribute them to the named beneficiaries.

Advantages of a Pour-Over Will

So, why do people create a pour-over will instead of other types of wills? Here’s a list of some benefits of using a pour-over will:

  • Efficient management tool: A pour-over will controls the entire estate by a single document, which saves you time and makes it easier for all parties to manage the assets.
  • Completion of the assets: A pour-over will takes care of the assets or property that may have been forgotten or fail to be mentioned in the will before your death.
  • Security of private information: Information about your estate is kept private because trusts are not matters of public record.

Disadvantage of a Pour-Over Will

As with other types of wills, pour-over wills require probate. While the assets left in the trust may be distributed immediately, any assets or property going through the will to the trust must go through the probate process. Depending on the case, the probate process can take a long time before the assets can be distributed.

Free Consultation with a Utah Estate Planning Lawyer

If you are here, you probably have an estate matter you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.