What is a pour-over will?

A pour-over will is a type of estate planning document used in Elder Law in Kansas. It is a tool used to ensure all the deceased person’s property is transferred to their last will and testament. The pour-over will essentially serves as a safety net that “catches” any assets not already addressed in the person’s other estate planning documents. Essentially, a pour-over will works by stating that all property or assets not previously transferred through a will or trust during the deceased person’s lifetime should be transferred to the named beneficiary after the death of the owner. For instance, if the deceased has an account or property listed in their name, a pour-over will will direct that these assets be “poured over” into the beneficiary’s name. A pour-over will also serves as a failsafe in case any assets are acquired after the will is executed but before the death of the owner. Pour-over wills can be an important part of a comprehensive estate plan, and for those in Kansas, they should be discussed with an Elder Law attorney to determine whether they are necessary. Most importantly, a pour-over will only works if the deceased had a valid will in place and if it was signed and notarized in accordance with Kansas law. Without a valid will in place, a pour-over will will not transfer any assets.

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