WHAT IS A “POUR-OVER” WILL?
A “pour-over” will is necessary to distribute any property that is acquired in the name of the grantor after the living trust was established, or any property that was not transferred into the trust in the first place.
The use of “pour-over,” together with a living trust ensures that assets not held in trust will be distributed in accordance with the wishes of the deceased, and not by the laws of intestacy.
A “pour-over” will, like any other will, must go through probate if the decedent dies owning assets which must pass through the will. However, most “pour-over” wills will in fact have any assets not properly transferred into the trust put into the trust after the death of the grantor. Hence, probate will then be avoided.
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