How does a “Pour Over Will” operate?

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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

Answers:

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

Answered 7 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.


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