Pour-Over Will

A pour-over will is a vital legal document used in conjunction with a revocable living trust as part of a comprehensive California estate plan. Its main function is to “catch” any assets that were not transferred into your trust during your lifetime and ensure they are directed into the trust upon your death. This ensures that your remaining property is ultimately distributed according to the terms of your living trust, maintaining consistency and control over your estate. While a pour-over will in California does still go through probate, it acts as a safety net to ensure no assets are left out of your estate plan unintentionally.

Without a pour-over will, any property not included in your revocable trust may be subject to California intestate succession laws, meaning it could pass to heirs based on default legal rules rather than your wishes. By using a pour-over will, you ensure your entire estate is governed by your trust, preserving your intentions and reducing legal complications for your beneficiaries.

Benefits of a Pour-Over Will

• Ensures All Assets Are Accounted For: Captures assets that were inadvertently left out of your revocable living trust and directs them into the trust.
• Simplifies Estate Administration: Helps your trustee manage all assets under a single set of instructions.
• Preserves Your Estate Planning Intentions: Avoids confusion or disputes by funneling all assets through the trust’s terms.
• Acts as a Legal Safety Net: Provides a back-up plan if an asset was mistakenly titled outside the trust.
• Supports Privacy and Continuity: While the pour-over will is subject to California probate, once the assets are in the trust, they’re managed privately under your original trust instructions.

At Astria Law Group, our experienced California estate planning attorneys work closely with you to create a solid, well-coordinated plan that includes both a revocable living trust and a properly drafted pour-over will. We help ensure that your assets are protected, your wishes are honored, and your loved ones are spared from unnecessary stress or delays.

Contact Astria Law Group today for a consultation, and discover how a California pour-over will can complete your estate plan, safeguard your legacy, and give you lasting peace of mind.

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