Pour-Over Will: A Backstop For Your Estate Plan
In the event that you die with assets outside of your living trust, a pour-over will acts to complete your estate plan, by providing that assets not transferred to your trust during life are to be transferred to trust after death. Think of it as a “safety net” provision. It will transfer all nontrust assets to your trust that are not controlled by beneficiary designations or by ownership with a joint tenant. Your goal is to avoid probate by ensuring that your pour-over will controls nothing. You must transfer all your assets to your trust during your life to avoid probate. Your pour-over will is merely your backup to ensure that all your assets are ultimately controlled by your living trust.