What is a pour-over will?

A pour-over will is a type of estate planning document commonly used in trust and estates law in the state of New Hampshire. It is a will that serves as a “safety net” that helps ensure that any assets a person owns at the time of their death are transferred to their trust. The pour-over will accomplishes this by stating that all assets that are not already in the trust should be “poured over” into the trust after the owner of these assets passes away. This enables the assets to be managed and distributed according to the terms set out in the trust. Pour-over wills are generally used when a trust has been established but not all of the intended assets have been transferred into it. This can happen for a variety of reasons, such as if the person establishing the trust owns assets that they do not want to transfer before they pass away. In the state of New Hampshire, pour-over wills must be written up in a specific format and be signed and witnessed in order to be considered valid. These wills must also be filed with the appropriate probate court. Additionally, any assets that are intended to pour-over into the trust must be identified within the will. Overall, pour-over wills are a useful form of estate planning that help ensure assets are managed and distributed according to the wishes of the deceased. While they are an important part of trust and estates law in New Hampshire, it is important to know that a pour-over will cannot fully replace a trust and that it must be accompanied by a valid trust agreement.

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