What is a pour-over will?

A pour-over will is a type of will used in trusts and estates law in Alaska. It is a legal document that allows someone to transfer their assets to an existing trust when they die. The person making the will (the “testator”) is able to specifically state which property and assets should be transferred to the trust, as well as which beneficiaries should receive the property and assets. A pour-over will helps ensure that all of the testator’s assets and property are transferred to their trust when they die, whether they were listed in the will or not. This is especially important when property has been acquired after the trust was created, as the will can “pour” the new assets into the trust. The pour-over will also helps keep the estate’s assets from having to go through the probate process. A pour-over will must be done correctly and with an attorney’s assistance in order to be valid. It usually comes into play if the estate is being contested, or if the testator has not listed all of their assets in the will. It can also be used to transfer any remaining assets to the trust if the will does not specifically state where they should go. In Alaska, the pour-over will must be in writing, signed by the testator and two witnesses, and accurately state the testator’s intent for the assets.

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