A pour-over will is like any other will except that it has one beneficiary, a living trust. This type of will “pours” any property owned by the testator at death into a trust he or she set up before passing away. The assets will be subject to the distribution plan in the trust and will receive the benefit of the trust’s tax reduction provisions. Most estate planners today recommend this testamentary structure – a combination of a living trust and a pour-over will – with the primary objective being avoiding probate.
Pour Over Will by jurisdiction:
- That the testator has capacity
- That the will is in writing
- That the will is signed by the testator
- That the signing is witnessed
A pour-over will also typically provides that if the trust is partially or wholly invalid, assets should be distributed under the terms of the invalid trust. If the pour-over clause fails, the assets are distributed according to intestacy. It is important to consult an experienced attorney in the field of estate planning to effectively draft a pour-over will.
Our attorneys can talk to you about your legal options or concerns and how we can best help your business. Call our civil attorneys now at (855) 200-2889. You can also email us using the contact form below.
Our experienced civil attorneys will speak to you right away and handle your legal issues promptly. WE ARE HERE 24 HOURS A DAY TO ANSWER YOUR QUESTIONS. Se Habla Español.
REQUEST A FREE CONSULTATION
WHAT OUR CUSTOMERS SAY:
Annick handled my case and won.
I hired LibertyBell Law Group for a civil case and I coudn't be happier. Annick handled my case and won. After the case was over I was still having trouble collecting from the Defendant and she guided me on the next steps to enforce my Judgment. I will definitely use this law firm again. Highly recommend. Thank you Gina T and your staff.– V.S, from Los Angeles, CA
Irena Shut and Nancy made this process seamless.
I recently hired Liberty Bell Law Firm to assist in a civil matter involving our ex business partner. Irena Shut and Nancy made this process seamless. I would highly recommend them to anyone who is involved in a complicated civil matter. They were able to save us a lot of money without having to go through the expense of a costly litigation.– T.B, from Valley Village, CA
If I can give them more than 5 stars, I would. If I can give them more than 5 stars, I would. I really can't thank this firm enough. I came across LibertyBell Law Group after a recommendation from my next door neighbor. I needed legal help on a pretty complex matter. After speaking with their office a few times I decided to hire them. I am so glad I did. These guys were so thorough, so dedicated to my case. They are truly the best at what they do. I am so thankful for everything they did for me. Highly recommended. You will not be disappointed.– A.B, from Tarzana, CA