What is a pour over will?

A pour over will is a type of will commonly used in West Virginia and other jurisdictions. It is a way to transfer assets from one estate to another, usually at the time of an individual’s death. In a pour over will, the individual states that all of their assets should be transferred to another estate upon their death. This estate is usually set up in a revocable living trust, which is often used to manage the individual’s assets during their lifetime. When the individual passes away, the pour over will directs the assets to the trust. This is beneficial for the individual because it helps to avoid the probate process. When an estate is probated, the court must review and approve the transfer of assets from the individual to their heirs or beneficiaries. This can be a lengthy and expensive process. With a pour over will, the process is much simpler and less expensive. In West Virginia, a pour over will must meet certain legal requirements in order to be considered valid. The person must have been of sound mind at the time of writing the will, and the document must be executed in the presence of two witnesses. It must also be signed and dated by the person. Additionally, a pour over will must be filed with the county clerk in the county in which the person lived. Overall, a pour over will is a helpful tool for individuals to transfer their assets to another estate in order to avoid the probate process. By following the proper legal requirements, a pour over will can be created and used to ensure that the individual’s assets are passed on to the correct recipients.

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