Pour Over Will

A Pour Over Will is a regular Last Will and Testament by the Settlors of the Trust to insure that any property that was not placed into the Trust gets into it through a Probate Proceeding in Court. There are other advantages to having a Pour-Over Will.

Individuals and families create a living trust to simplify their estate plan. However, when not all of their assets are included in the living trust, California law allows the individuals to use a pour over will to ensure that their wishes are carried out. A pour over will transfers into the Living Trust the assets of the decedent that were not part of the trust, rather than by the regular probate proceedings.

  • The ability to effectively transfer assets into the living trust upon the death of the testator.
  • Where the decedent has minor children, any assets not originally part of the trust can be transferred into the trust and managed for the benefit of his or her children. ·        
  • Insures ·        
  • Insures property gets added to the Trust. ·        
  • Ensure that the Trustor/Testator has control over the appointment of a minor child’s guardian, in addition to funding the child’s trust. ·        
  • By causing the non-trust property to be sent to the Living trust, a pour over will can simplify the probate process.

This is a smart way to provide flexibility for individuals seeking to ensure an effective distribution of their estates.