Pour Over Will Lawyer

Many people who set up revocable living trusts to bypass the probate process in Florida are surprised when their estate planning attorney says they still need to have a will. After all, isn’t the whole point of the trust to avoid the need for executors and wills and all the legal formalities? It seems like unnecessary duplication to create a detailed last will and testament when you already set up and funded a trust.

That’s why the Law Office of Cameron H.P. White offers clients a streamlined pour-over will to use in conjunction with revocable living trusts. This document acts as a safety net to funnel property into the trust while retaining privacy and efficiency.

Why You Need a Pour Over Will Even if You Have a Trust

Trusts, whether revocable or irrevocable, offer a safe way to transfer property to loved ones when you pass away. Property that’s in a trust does not become part of your estate, which means it does not need to go through probate. That’s the benefit.

However, the trust only covers property that has been legally transferred into the trust. Real estate requires a new deed. Vehicles require new title documents. If property gets left out of your trust for whatever reason, then it will become part of your estate.

If you don’t have a will, then the Florida government determines who will receive that property based on the laws of intestate succession. The assets left out could go to the last person on earth you’d want to have them. On the other hand, if you have a will in place, you remain in control of what happens to your property.

A will can also be used to nominate a guardian for minor children, which is something you cannot accomplish with a trust.

How a Pour Over Will Operates

A pour over will takes any property in your estate and directs it into your trust. Then the property will be distributed through your trust privately.

Although a pour over will, like other wills, becomes a matter of public record when admitted to probate, the terms of a pour over will do not reveal anything about who will be receiving how much of anything. Your property still passes without all the details becoming public.

The only drawback is that, depending on how much property was left out of the trust, the property covered by a pour over will may still need to go through formal probate. While loved ones will still need to go through the expense of probate, the only assets that will be tied up are those that were left out of the will, so the process will be simpler and less burdensome.

Let the Law Office of Cameron H.P. White Protect You with a Pour Over Will

There is no getting around the fact that proper estate planning requires more than one document. With the complex lives we lead, you need several documents to protect your future and provide for your family. You need a will regardless of your other documents, but if you have a trust established, your will can be a very simplified document.

At the Law Office of Cameron H.P. White, P.A., we can prepare a pour-over will to fit your needs efficiently without including complex provisions that you don’t need that could conflict with other aspects of your estate plan. Schedule a strategy session today to get a pour-over will and any other critical documents you need.