Pour-Over Will

A Pour-Over Will is a specific type of will that is designed to work in conjunction with a living trust. It functions to "pour over" any assets that are not already placed into the trust at the time of the individual’s death.

This will typically contains provisions stating that any assets not specifically dealt with in the will should be transferred to the individual’s living trust. The primary purpose is to ensure that all property is ultimately allocated according to the terms of the trust, which often provides more detailed instructions for distribution and management of the estate.

For example, if a person has created a living trust during their lifetime but forgets to transfer certain assets, like personal belongings or real estate, to the trust, a Pour-Over Will will direct these assets into the trust upon their passing. This means that instead of being distributed according to the state’s intestacy laws, the assets will be handled as per the trust’s instructions, which might include delaying distributions to beneficiaries or setting conditions for inheritance.

In areas like Houston, Texas, a Pour-Over Will can be particularly useful, as it provides a seamless transfer of assets into a living trust, maintaining privacy and potentially avoiding the lengthy probate process associated with traditional wills.