What is a pour-over will?

A pour-over will is a document that allows a person to transfer their assets from their lifetime into a trust upon their passing. This type of will is often used in conjunction with other estate planning documents such as living trusts and revocable living trusts. In Virginia, a pour-over will is an important legal document that must be properly drafted and executed in order to ensure that the decedent’s assets are properly distributed according to their wishes. A pour-over will not only includes instructions for the transfer of assets, but also the appointment of a personal representative to oversee the process, as well as the selection of a trustee to manage the trust. A pour-over will also allows for the transfer of assets outside the trust, such as real estate, stocks and bonds, and personal possessions. This type of will becomes effective upon death, and all assets are "poured over" into the trust without being subject to probate. It is important to note that pour-over wills are not a substitute for a will. Instead, they serve to supplement any existing will and ensure that all assets are properly handled and distributed according to the decedent’s wishes.

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