How does a “Pour Over Will” operate?

UPDATED: Dec 12, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 12, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How does a “Pour Over Will” operate?

My mom created a pour over Will and a living Trust simultaneously. At the time of her death, there remained outside the Trust an annuity in the name of her and her pre-deceased spouse as tenants in common. At the time of her death, did that annuity pour over into and become a Trust asset and avoid probate like other Trust assets?

Asked on December 12, 2013 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss. A pour over Will is generally created when a living trust is created, just like in the case of your Mother.  It is created so that if there is an asset that was not transferred in to her trust prior to her death, the asset would be part of her estate as listed in her Will and then "pour over" in to the trust by the language of the Will.  Now, there are issues here as to the annuity.  Are you sure it was held as tenants in common only or was there a "right of survivorship" language attached to it?  That makes a difference.  Also if there a beneficiary designation that stated your Mother was to receive the funds.  Or even if his estate was probated (but if he had other heirs this could impact the matter).  But you may need to take the document to an attorney in your area to review in order to see.  If it would have been hers at the time of his death then it probably would pour over now.  But there are too many unanswered questions here.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption