Who Should Have a Pour-Over Will?

A common objective when creating an estate plan is to streamline asset distribution. However, even with a properly drafted trust, one critical document should not be overlooked, and that is the pour-over will.

Understanding what a pour-over document is, who needs one, and how it functions within Florida’s legal framework can prevent costly complications after death. If you are considering establishing a revocable trust, consulting with a Pompano Beach estate litigation lawyer ensures that your pour-over will and trust function together.

What Is a Pour-Over Will?

A pour-over will is a type of last will and testament that works in conjunction with a revocable trust. Its primary purpose is to direct any assets left outside the trust at the time of death into the trust.

In other words, if you forget to retitle an asset in the name of your trust, or acquire new property that is never formally transferred, the pour-over will ensure those assets are ultimately distributed according to the trust’s terms.

The authority for wills and probate administration in Florida is established by statutes enacted by the Florida Legislature. A pour-over must comply with the same execution requirements as any other valid Florida will, including proper witnessing formalities.

Even well-organized individuals occasionally overlook assets. Common examples include:

• Newly opened bank accounts
• Vehicles
• Personal property
• Refunds or legal settlements
• Real estate acquired shortly before death

Without a pour-over will, those assets may pass under Florida’s intestacy laws if no valid will exists. That distribution may differ significantly from your intended trust plan.

Does This Mean Probate Can Be Avoided?

It’s important to recognize that assets transferred through a pour-over will may still go through probate before they are moved into the trust. The primary goal of a trust-based plan is to minimize probate by properly funding the trust during your lifetime. The pour-over will not eliminate probate for unfunded assets. Instead, it ensures they are ultimately governed by the trust’s terms.

Proper trust funding during life remains essential. A pour-over will is typically recommended for individuals with a revocable living trust and families seeking centralized distribution management. Even individuals with modest estates benefit from the structural clarity a pour-over will provide.

An experienced Pompano Beach estate litigation lawyer plays a critical role in drafting a legally valid pour-over will and ensuring coordination between the will and trust. Connect with a legal professional if you are interested in learning more about proper trust funding during your lifetime and accessing advice on post-death administration.

In short, a pour-over will is not redundant, it is protective. It reinforces your trust-based estate plan by capturing overlooked assets and aligning their distribution with your intended structure.

Will you be including a trust and a will in your estate plan? In estate litigation matters, ambiguities between a trust and a poorly drafted will can lead to costly court proceedings. Partner with the estate attorneys at Mark R. Manceri, P.A. for the precision you need to reduce the likelihood of conflict. Schedule a confidential consultation today.