What is a pour-over will?
A pour-over will is a type of will used in Georgia in regards to wills and probate law. This type of will serves to “pour” any property that a person owns at the time of their death into a trust. A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets for the benefit of another party, such as a beneficiary. This allows for the trust to be established before a person’s death, and the pour-over will serves to transfer all of the assets held at the time of death into the trust. This type of will is often used in conjunction with other estate planning documents, such as a revocable living trust, to help ensure that assets and property pass according to the wishes of the decedent (the deceased person). A pour-over will also can provide extra protection for assets that are not subject to a trust and ensures that they are distributed according to the decedent’s wishes. It is important to note that a pour-over will must be drafted, signed, and witnessed in order to be valid. It is important to obtain qualified advice when drafting a pour-over will to ensure it meets all of the legal requirements in Georgia.
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