What is a pour-over will?

A pour-over will is a legal document that is used in Delaware’s wills and probate law. It is used to transfer property from the estate of a deceased person to a trust. The pour-over will is used when a person dies without a will, but has a living trust. The pour-over will ensures that all of the deceased’s assets are passed to the trust and given to the beneficiaries. In a pour-over will, the deceased person’s assets are "poured over" into the trust that was created prior to their death. This prevents the assets from being distributed through the probate court. Typically, the pour-over will also includes any property acquired after the trust was created. The pour-over will can also be used to name a guardian or executor of the estate. When a pour-over will is used in Delaware, the trustee has the authority to manage and distribute the assets according to the trust agreement. The assets will remain in the trust until the beneficiaries are ready to receive the assets. The advantages of using a pour-over will include avoiding the costly process of probate, as well as keeping the assets out of the public record. In conclusion, a pour-over will is an important part of wills and probate law in Delaware. It is used to transfer assets from an estate to a trust, allowing the deceased’s assets to be distributed as desired. The pour-over will also avoids the costly and time-consuming process of probate.

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