Pour-Over Will

Upon your death, if you have a Living Trust, your Last Will leaves any property not transferred to your Living Trust during your life (if not covered by a valid beneficiary designation, as for life insurance or retirement plans) to your Living Trust. This is why it is often referred to as a “Pour-Over Will”. It functions as a “safety net” to insure that property owned in your individual name, rather than in the name of your trust, can ultimately be managed by your successor Trustee(s) as provided in your trust. This is a second best case scenario, though – your goal should be to avoid probate altogether by transferring all of your assets to your Living Trust during your life, or

properly designating beneficiaries to receive other assets. Your Will is merely a backup document that ensures that all your assets are to be controlled by your Living Trust.