Law Offices of Roshni T. Desai
Long-term Planning For Orange County

What is a pour-over will?

If you have a California living trust, you also may wish to execute a pour-over will so that your will and your trust work together in the most effective manner. As FindLaw explains, your pour-over will instructs your executor to pour over all of your assets into your living trust.

Basically, your pour-over will is your catch-all legal document that ensures that any asset(s) you inadvertently neglected to add to your living trust will go there at your death. Pour-over wills have many advantages, including the following:

  • You have the peace of mind knowing that your living trust ultimately will contain all of your assets by means of your pour-over will.
  • You need not constantly update your living trust with new and additional assets.
  • You maintain your financial privacy as much as possible.

Probating your pour-over will

Although any will must go through probate, your pour-over will passes through probate quickly and easily. Once your executor pays your outstanding bills, all (s)he needs to do is obtain court permission to transfer any remaining estate assets into your living trust.

When you draft your pour-over will, make sure that it mentions your living trust. Likewise review and, if necessary, update your living trust to make sure it mentions your pour-over will. Once you do this, you can rest assured that when you die, your executor and trustee will carry out your wishes regarding how you want your assets distributed. This is general information only and is not intended to provide legal advice.

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