What is a pour-over will?

A pour-over will is a type of will that is often used in conjunction with a trust. It is a document that is created by the testator, or person making the will, in order to ensure that all of their assets which were not already placed in the trust are “poured over” into the trust at the time of their death. Pour-over wills are used to ensure that all of a person’s estate is transferred into the trust. This type of document is often used when a person wants to add any assets not previously placed in the trust to the trust after their death. This will helps avoid the probate process because all assets are automatically put into the trust and are distributed according to the instructions in the trust. In Montana, pour-over wills are bound by the same laws as any other type of wills. This means that, just like any other will, the document must be in writing, signed by the testator, and witnessed by two individuals. It must also be properly filed and registered with the court in order for it to be valid. Pour-over wills are an important tool for estate planning in Montana. The document allows for a person to dictate how all their assets should be handled in the event of their death and ensures that all their assets are ultimately put into their trust.

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