Pourover will

Henry has a book, The Living Trust, in which he recommends a PourOver will. His Estate plan attornies will provide you such a will and charge you accordingly. However, in his 'How to Settle . .etc.' book he says 'don't file the pourover will. Isn't that a little duplicitous?

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Oct 02, 2013
Nope, should be the right answer if everything done correctly
by: Mo Johnson

Well, no, that's usually good advice I think. The main purpose of a pour-over will is to serve as a safety valve to catch any assets that for whatever reason aren't transferred to the trust.

If everything gets transferred to the trust, then nothing is probated and there's no reason to "file" the pourover will. And, you probably do want to avoid probate -- so you probably do want to avoid needing to "file" the will.

However, if not everything gets transferred to the trust and some assets have to go through probate, assuming those assets are significant enough in value, THEN you will indeed have to "file" the pourover will and take those assets through probate.

Here's three links that will help you out:

funding a living trust

how to probate an estate and

how to settle a living trust.

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