A pour-over will is a legal document designed to work in conjunction with a trust. It ensures that any assets not already placed in the trust during a person’s lifetime are ‘poured over’ into the trust upon their death. This mechanism provides a seamless transition of assets and helps to avoid probate for the assets included in the trust. Below are three diverse examples of pour-over will structures that illustrate their functionality in various contexts.
John and Mary, a married couple with two children, have established a family trust to manage their assets during their lifetime and to determine how their assets will be distributed after their passing. They use a pour-over will to ensure any assets not placed in the trust are transferred upon their death.
Last Will and Testament of John and Mary Doe
We, John Doe and Mary Doe, of [Address], declare this to be our Last Will and Testament.
1. We appoint [Executor's Name] as the Executor of this Will.
2. All assets not previously placed in our Family Trust shall be poured over into the trust established on [Date of Trust Creation].
3. The Family Trust shall provide for the distribution of all assets according to its terms, including provisions for our children, [Names of Children].
4. We affirm that this Will is made in accordance with the laws of the state of [State].
Signed this [Date] at [Location].
_____________________
John Doe
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Mary Doe
Sarah, a single professional without children, has accumulated various assets over her career. She decides to create a pour-over will to complement her living trust, ensuring that any assets she acquires later are included in her estate plan.
Last Will and Testament of Sarah Johnson
I, Sarah Johnson, of [Address], declare this to be my Last Will and Testament.
1. I appoint [Executor's Name] as the Executor of this Will.
2. I direct that all assets not placed in my Living Trust, established on [Date of Trust Creation], shall be poured over into that trust at my death.
3. My Living Trust shall dictate the distribution of my assets, which include my [describe significant assets, e.g., home, investments, personal property].
4. This Will is executed in accordance with the laws of the state of [State].
Signed this [Date] at [Location].
_____________________
Sarah Johnson
David and Linda have a pour-over will that includes specific bequests for personal items to family members along with the transfer of their remaining assets into their trust. This ensures that sentimental items are given to loved ones while other assets are managed through the trust.
Last Will and Testament of David and Linda Smith
We, David Smith and Linda Smith, of [Address], declare this to be our Last Will and Testament.
1. We appoint [Executor's Name] as the Executor of this Will.
2. We make the following specific bequests:
- To [Relative's Name], I bequeath my grandfather's watch.
- To [Relative's Name], I bequeath my collection of antique books.
3. All other assets not specifically bequeathed shall be poured over into the Trust created on [Date of Trust Creation].
4. The Trust shall provide for the management and distribution of our remaining assets as per its terms.
5. This Will is made in accordance with the laws of the state of [State].
Signed this [Date] at [Location].
_____________________
David Smith
_____________________
Linda Smith