Using a Pour-Over Will with a Living Trust

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Written and Reviewed by Experts: This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

A Pour-Over Will Generally accompanies a Living Trust. Find out more about how to create a Pour-Over Will at Rocket Lawyer.

A Pour-Over Will Generally accompanies a Living Trust. Because a Living Trust only applies to the assets that are actually transferred into the trust, a Pour Over Will is like a safety net for anything that isn't covered by the Living Trust, either purposely or inadvertently. Generally, you should make sure that most of your assets are transferred during your lifetime into the Living Trust. If you have to use the Pour-Over Will for property, you have defeated the purpose of avoiding probate.

Note that the use of a Living Trust generally does not change your income tax requirements during your lifetime. The tax minimizing provisions that are included in complex wills for larger estates can also be included in a Living Trust.

Finally, one of the most important reasons to create a Pour-Over Will is to appoint a guardian for any minor children, since this provision generally isn't in a Living Trust document.

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Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

Written and Reviewed by Experts: This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

At Rocket Lawyer, we believe legal information should be both reliable and easy to understand—so you don't need a law degree to feel informed. We follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible.

About this page:

This article was written and reviewed by Rocket Lawyer editorial staff
This article was last reviewed or updated on Sep 23, 2022

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