What is a “pour-over” will?
Even if the parties opt to have a revocable living trust, they must recognize that they still need a pour-over will. Only assets that have been properly transferred into a trust will be distributed according to the trust’s terms. If, for some reason, you have assets that do not get titled in the trust, these assets will pass outside the trust. A pour-over will ensures any assets that end up in probate pass through the terms of the decedent’s trust rather than through the statutorily defined succession. Julia and Daniel include the pour-over will as part of the overall package for the living trust.