Pour-over will?

CindiW

Member
Jurisdiction
Florida
What's a pour-over will? I read it can be used in conjunction with a revocable trust or something like that? Can some kind person explain it to me?
 
What's a pour-over will? I read it can be used in conjunction with a revocable trust or something like that? Can some kind person explain it to me?

A pour over will is a will that takes some or (usually) all of the decedents estate assets that had not been previously put in the trust and transfers them to the trust. That ensures that the assets will be handled as the trust directs. In essence, it is a back stop to the trust to make sure that nothing is left out of the trust that's supposed to be there.
 
In essence, a pour over will states that you are putting everything that isn't in your trust into your trust.
 
A pour over will is a will that takes some or (usually) all of the decedents estate assets that had not been previously put in the trust and transfers them to the trust. That ensures that the assets will be handled as the trust directs. In essence, it is a back stop to the trust to make sure that nothing is left out of the trust that's supposed to be there.
Yeah, that ;)
 
So, in other words, if I set up a revocable trust and more is added, the pour over will goes along with that? So first I make a revocable trust, right(?) and if I add assets to that, a pour over will goes along with that?.
 
So, in other words, if I set up a revocable trust and more is added, the pour over will goes along with that? So first I make a revocable trust, right(?) and if I add assets to that, a pour over will goes along with that?.
Perhaps a better way to handle it is to put those added assets into the trust. The pour over will is designed to address assets that were not added to the trust previously. The actual document (the pour over will) is usually (but not necessarily) created concurrently with the trust.
 
So, in other words, if I set up a revocable trust and more is added, the pour over will goes along with that? So first I make a revocable trust, right(?) and if I add assets to that, a pour over will goes along with that?.

One more time once, mate.

The assistance you've repeatedly sought can't be found on an internet site from strangers for free.

If you seriously wish to protect your assets and ensure those assets one day are distributed as you desire, you need to hire an attorney licensed in your state of residence to create the necessary legal documents to achieve your needs.

You'll never achieve what you appear to require for free.

Unless, of course, you like blowing smoke and burning daylight; as you started doing regularly on April 09, 2022.

Will or Trust?

About Revocable Living Trust

DPA for my husband and myself - need help figuring it out

What happens if named executor in will refuses to be the executor?
 
One more time once, mate.

The assistance you've repeatedly sought can't be found on an internet site from strangers for free.

If you seriously wish to protect your assets and ensure those assets one day are distributed as you desire, you need to hire an attorney licensed in your state of residence to create the necessary legal documents to achieve your needs.

You'll never achieve what you appear to require for free.

Unless, of course, you like blowing smoke and burning daylight; as you started doing regularly on April 09, 2022.

Will or Trust?

About Revocable Living Trust

DPA for my husband and myself - need help figuring it out

What happens if named executor in will refuses to be the executor?


The general concept of a pour over will can be explained fairly easily, but I agree with you that the OP ought to be getting personalized legal advice.
 
One more time once, mate.

The assistance you've repeatedly sought can't be found on an internet site from strangers for free.

If you seriously wish to protect your assets and ensure those assets one day are distributed as you desire, you need to hire an attorney licensed in your state of residence to create the necessary legal documents to achieve your needs.

You'll never achieve what you appear to require for free.

Unless, of course, you like blowing smoke and burning daylight; as you started doing regularly on April 09, 2022.

Will or Trust?

About Revocable Living Trust

DPA for my husband and myself - need help figuring it out

What happens if named executor in will refuses to be the executor?
I just want to understand terms and you keep making fun of me. Is that your army training?
 
I just want to understand terms and you keep making fun of me. Is that your army training?
While he may be poking at you at a bit, it's for good reasons. You are flailing around trying to do something that can have VERY serious consequences if done wrong. The fact that you are trying to do it in the first place makes it evident that you care about the people who will be left once you have passed on. Do you really want to make a mess of things and leave it to them to clean up?
 
So, in other words, if I set up a revocable trust and more is added, the pour over will goes along with that? So first I make a revocable trust, right(?) and if I add assets to that, a pour over will goes along with that?

I don't understand what you're asking here that wasn't answered by "TaxCounsel's" post #3 and the information contained in the link provided in post #2. What does "goes along with that" mean? There's no need to put the information provided by posts #2 and #3 "in other words."
 
So, in other words, if I set up a revocable trust and more is added, the pour over will goes along with that? So first I make a revocable trust, right(?) and if I add assets to that, a pour over will goes along with that?.

After you set up the revocable trust you may continue to add assets to the trust as you get them. The purpose of the pour over will is to catch anything that you overlooked or did not have time to contribute to the trust prior to your death. I recommend you see an estate planning attorney for this. The attorney will do both the trust and the pour over will for you, assuming that this is indeed the best estate plan for you.
 
Last edited:
Back
Top