What is a pour-over will and how does it work?

A pour-over will is an estate planning document used in Massachusetts to transfer remaining property at death to a trust. This type of will is used when an individual has already established a living trust, but forgot to transfer some of their assets into the trust. With a pour-over will, any remaining assets will be transferred into the trust after the individual passes away. The pour-over will is used in conjunction with a trust, and both documents must be established in order for the process to work. The trust must list beneficiaries and specify what they will receive upon the original creator’s death. Once the pour-over will is filed, upon the death of the original creator, the remaining property or assets will be transferred into the trust. Once in the trust, it is the trustee’s job to ensure that the individual’s wishes regarding the distribution of his or her estate are followed. The trustee carries out the instructions of both the trust and pour-over will, and distributes the assets accordingly. In Massachusetts, pour-over wills can be used in conjunction with a trust to ensure that the estate of the individual will be distributed as the individual wished. These legal documents can prevent disputes among beneficiaries by ensuring that all assets are properly distributed.

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