What are Pour Over Wills?
Even though you create a Living Trust to ensure your beneficiaries will not have to endure the probate process, you still need a will to protect them. This is a different type of will called a “pour over” will and is used only if you make a mistake and forget to title something into your revocable trust. For example, if you go on vacation, find a property you like, buy it and title it in your sole name, forget to tell anyone you did so and die, the only way that property is going to get to your beneficiaries is through probate. The pour over will ensures that the property will go into the trust and be distributed through the trust even though it has to go through probate to get there. As we tell our clients, we will prepare the pour over will and it will be executed, but it will never be used because our clients will not make mistakes!