At the Dickman Law Firm in Florida, our attorneys help our clients establish and update their estate plans. Should they have already made a Last Will and Testament prior to seeking our legal counsel, one of our most important functions is to make certain that their will works seamlessly with any and all trusts they have also established or are about to established. If it fails to do so, then we help them draft a new will.

When you have both a will and a trust, your will becomes even more important than it was before you established the trust. Why? Because unless you are careful, these two documents could conflict with each other regarding which of your assets goes where and/or to whom at your death. This could cause problems for your estate as well as for your heirs and trust beneficiaries. Consequently, your will needs to be one that goes by the name of a pour-over will.

Advantages of a pour-over will

As FindLaw explains, the language in your pour-over will instructs your executor that after your death, (s)he should place any assets you own which you have not already put into your trust into it.

Your pour-over will provides you with many advantages, both now and in the future, including the following:

  • You can stop worrying about having to update your trust every time you acquire a new asset.
  • You can stop worrying about the possibility of inadvertently forgetting to place a new asset into your trust.
  • You gain peace of mind knowing that the financial details of your life as set forth in your trust will remain private even after your death since your trust does not have to go through probate.
  • You gain additional peace of mind knowing that even though your non-trust assets will need to go through probate, the fact that your pour-over will instructs your executor to put them in it as soon as (s)he possibly can means that probate will be a simple, quick and straightforward process.
  • You gain satisfaction knowing that you have, through your pour-over will, accomplished your estate planning goals.

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