A pour-over will is an important part of a comprehensive estate plan, especially when it is used together with a revocable living trust. It offers a way to direct certain assets that were not transferred to your trust during your lifetime into the trust after your passing.
At Teuninck & DeBishoppe, we provide professional legal document preparation services for individuals and families in San Jose, Santa Clara, and throughout Santa Clara County. Our Legal Document Assistants can assist with the preparation of pour-over wills as part of an estate planning document package.
What Is a Pour-over Will?
A pour-over will is a form of will used together with a revocable living trust.
The basic concept is straightforward: assets that are not already held in your trust may be directed into the trust through your pour-over will after your passing. The trust can then provide the instructions for how those assets are to be managed or distributed.
Think of the pour-over will as a safety net for your estate plan. Even when you have taken care to fund your living trust, an asset can sometimes be overlooked, acquired later, or otherwise remain outside the trust. A pour-over will helps address those assets by directing them to your existing trust.
Can a Pour-Over Will Bypass Probate?
A common misconception is that a pour-over will automatically avoids probate.
A pour-over will generally does not itself avoid probate. Assets passing under the will may still be subject to the probate process before being transferred to the trust. This is one reason proper trust funding and overall estate planning are important. If property/assets have been transferred into a living trust, those assets can usually be handled according to the trust’s instructions instead of going through probate.
Because probate and estate planning can involve legal issues specific to an individual's circumstances, you should consult a qualified California attorney if you need legal advice about your estate.
How the Pour-Over Will Preparation Process Works
Drafting a spousal property transfer document requires precision to ensure it satisfies strict California and county recording guidelines.Our process makes preparing and recording your interspousal grant deed simple and straightforward:
Provide Your Information
You provide information about yourself, your family, beneficiaries, existing trust, property, and other relevant estate planning details.
Prepare the Documents
Our Legal Document Assistants prepare the requested documents based on the information and instructions you provide.
Review Your Documents
You carefully review your documents to make sure the information accurately reflects your instructions.
Properly Execute Your Will
A will must be properly signed and witnessed according to applicable California requirements. Make sure you understand the execution requirements applicable to your documents.
Keep Your Estate Plan Updated
Estate plans should be checked and updated regularly, especially when something important happens in your life, such as marriage, divorce, the birth or adoption of a child, the death of a beneficiary, acquisition of significant property, or changes to your trust.
Common questions, answered honestly.
Who Should Consider a Pour-Over Will?
A pour-over will may be appropriate for individuals who have established, or are establishing, a revocable living trust and want a backup plan for assets that may remain outside the trust.
It may be particularly relevant if you:
Why Choose Teuninck & DeBishoppe?
Choosing the right document preparation service can make the process of organizing your estate planning documents easier and more straightforward.
Teuninck & DeBishoppe serves clients in San Jose, Santa Clara, and the surrounding Santa Clara County area. We focus on careful document preparation and responsive service while clearly recognizing the distinction between legal document assistance and legal advice.
Call 408-209-3224 or contact us to learn more about our estate planning document preparation services.
Please Note: Our services do not include legal advice. If you need legal advice or are unsure whether a pour-over will is appropriate for your specific estate planning circumstances, please consult a qualified California attorney.