What is a pour-over will and how does it work?
A pour-over will is a type of estate planning document commonly used in Texas. It is used to “pour” or transfer assets from one location to another as part of the estate planning process. The pour-over will works in combination with a revocable living trust. Assets that are owned by a decedent (the person who has died) outside of the revocable trust will be transferred, or “poured,” into the trust upon the death of the decedent. This transfer is accomplished by the pour-over will. The pour-over will is a document that names a person to act as the executor, or administrator, of the estate. The executor is responsible for identifying all assets owned by the deceased, which includes any assets held in a revocable living trust. The executor then uses the pour-over will to transfer those assets into the trust. The pour-over will also specifies the distribution of the assets. This is especially important for assets that were held outside of the trust, since those assets wouldn’t otherwise have specific instructions for distribution. With the help of the pour-over will, the executor is able to ensure that all assets are distributed according to the deceased’s wishes. Overall, a pour-over will is an important document in estate planning law in Texas. It helps to ensure that all assets are distributed according to the wishes of the deceased, even if those assets are outside of the revocable living trust. This is an important step in protecting the decedent’s estate as well as providing peace of mind for their loved ones.
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