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What is a pour over will?

Mar 20, 2020

Paul S. Labiner

Paul Labiner

Managing
Partner

A Florida pour over will is used in conjunction with a Revocable Living Trust to transfer any assets or property titled in the decedent’s name to the trust when the person passes away. The trust assets are then distributed according to terms outlined in the trust.

Pour over wills serve a pragmatic purpose. When one creates a living trust, one of the first tasks is to transfer ownership of assets and property to the trust. However, as new assets are acquired over time, people often forget to add them to the trust in the proper name. Without any other documentation in place, those assets or properties will be titled in the decedent’s name at the time of their death.

A pour over will is the solution to this problem. The pour over will states that all assets that have not already been titled in the name of the trust should be transferred to it. These assets and property “pour over” from your estate into the trust.

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