Pour-Over Will

parents need pour over will
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A Pour-Over Will is used together with a Revocable Living Trust. It directs that assets remaining in your individual name at the time of your death be transferred, or “poured over,” into your trust and ultimately distributed according to the trust’s instructions.

A Pour-Over Will acts as a safety net for property that was unintentionally left outside the trust. However, it is not a substitute for properly funding the trust. Assets passing through a Pour-Over Will may still require probate before they can be transferred to the trust. For this reason, carefully reviewing asset ownership and beneficiary designations is an essential part of maintaining an effective estate plan.

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Frequently Asked Questions

A Pour-Over Will is a Will created as part of a trust-based estate plan. It directs that assets left outside the trust at the time of death be transferred into the trust and distributed according to its terms. Those assets may still need to pass through probate before they can be transferred to the trust, which is why proper trust funding remains important.

Yes. A Pour-Over Will commonly accompanies a Revocable Living Trust. It serves as a safety net by directing that assets remaining in your individual name at death be transferred to your trust. A Will is also the document in which parents generally nominate guardians for their minor children.

You should consider someone who shares your values, can provide a safe and stable home, and is willing and able to take on the responsibility. You may also nominate alternate guardians in case your first choice cannot serve. Although the court must ultimately approve a guardian, a parent’s written nomination is an important expression of the parent’s wishes.