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Comprehensive Estate Planning: The Case for a Pour Over Will

Loune-Djenia Askew, Esq.

Oct 23, 2024

Creating an estate plan is a vital step in securing your assets and providing for your loved ones. One important tool you may consider is a pour over will. While it can be a valuable addition, it's not necessary for everyone. Let’s explore when including a pour over will in your estate plan makes sense.

Creating an estate plan is a vital step in securing your assets and providing for your loved ones. One important tool you may consider is a pour over will. While it can be a valuable addition, it's not necessary for everyone. Let’s explore when including a pour over will in your estate plan makes sense.


What are Pour Over Wills?

A pour over will is a legal document designed to guarantee that any assets not specifically included in your trust will be transferred into that trust upon your death. Essentially, it acts as a safety net, directing any overlooked assets through the probate process to be “poured over” into your trust. This way, your trust can distribute these assets according to your wishes.


When Should You Include a Pour Over Will?


  • Complexity of Your Estate

If you have a complex estate with multiple assets, there’s a chance some might be left out of your trust. In such cases, a pour over will can be beneficial. It catches any missed assets and ensures they are transferred into your trust upon your death.


  • Consistency in Estate Planning

If you’ve established a living trust as part of your estate plan, a pour over will help maintain consistency. It serves as a backup, making sure that any assets not explicitly included in your trust are still accounted for and distributed according to your wishes.


  • Privacy Concerns

While a pour over will is subject to probate proceedings, which can become public, it helps maintain the privacy of your overall estate plan by directing assets into a trust. If privacy is a concern, consider how a pour over will fit into your overall strategy.


  • Cost and Time Considerations

Consider the potential costs and time involved in obtaining a pour over will. While it adds value, weigh the benefits against the expenses involved in the probate process, which could include court fees and attorney costs.


For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.


Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.

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