When Should I Include a Pour Over Will in My Estate Plan?

Author

Entrusted Legacy Law

For more information about the author, click to view their website: Sharek Law Firm LLC

Posted on

May 16, 2023

Book/Edition

Pennsylvania - Greater Pittsburgh Area

Share This

In creating an estate plan, you are proactively taking steps to ensure that your assets will be distributed according to your wishes in the wake of your death.


One tool available to you in estate planning is known as a trust. There are numerous kinds of trusts. If you wish to maintain control, during your lifetime, over the assets you place in a trust, you may choose to establish a revocable, or “living” trust – most likely, along with a pour over will.



First, What Is a Living Trust?


A living trust is a strategy in estate planning. When you create a living trust, you set certain assets aside within it. This might include things like a vacation home, a bank account, or an art collection.


With a living trust, you have the flexibility to modify or dissolve it at any point in your life.



How Do Living Trusts Work?


When you place assets into this type of trust, you continue to have access to those assets. You can select a designated individual, called a trustee, who would serve as the manager of your living trust should you pass away or ever become unable to manage your affairs.


For example, you may become incapable of handling your property, finances, and other aspects of your life if you fall ill, suffer from dementia, or endure an injury or accident that renders you unable to communicate. Should you die or become incapacitated, the trustee you have chosen manages the living trust on your behalf, following any terms you have outlined in the trust document.


Assets in your living trust are distributed to your beneficiaries, according to your wishes – typically without having to go through probate. This is often seen as one of the main advantages of a living trust.


For one, depending on your state and the size of your estate, the probate process can last several months to a year or more.


Avoiding probate also means that information about the distribution of your assets to your loved ones is kept private. This could be helpful if you have people in your life from whom you would prefer to shield the details of your estate, such as children from a previous marriage or estranged or combative family members.


However, perhaps you acquired new assets, such as an investment property, a bank account, a car, or valuable furniture or jewelry, after setting up your living trust. You may not have transferred them just yet. This is where establishing what is known as a pour over will can be an important piece of your estate plan.



What Is a Pour Over Will?


A pour over will is a type of estate planning document. It works in concert with a living trust and goes into effect if you become incapacitated or pass away. In such a scenario, this document ensures that any assets you had not transferred to your existing living trust are directed (or “poured over”) to it.


A pour over will ensures that your assets are ultimately passed on to your beneficiaries as you intended. In addition, information about the distribution of any of your remaining assets, once moved to your living trust, will be kept confidential as part of the trust.


Note that laws can depend on the state, so it is important to consult with a qualified estate planner like Sharek Law Office when setting up any estate planning documents.



Do Pour Over Wills Mean You Avoid Probate?


Not necessarily; while the property controlled by a pour over will eventually goes to your living trust after your death, that does not mean your family avoids probate. Before your assets are owned by the trust, they may first need to pass through the probate process. The regulations can also vary according to the state; in some states, for example, if your probate property is valued below a specific threshold, it is possible it could pass through probate more quickly.


If you want to avoid the probate process, you must ensure that your living trust has in it all of the assets that you wish to pass on to your beneficiaries. Essentially, a pour over will acts as a kind of backup.



Seek the Advice of an Attorney


Note that laws governing trusts and estates can vary widely by state and can be complex. Living trusts and pour over wills are also not suitable for everyone’s situation. It is important to consult with a qualified estate planner when setting up any estate planning documents.


Call Sharek Law Office at 412-347-1731 or click here to schedule a complimentary 15-Minute Call with our staff to discuss your needs today.

 

This article is a service of Sharek Law Office, LLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice.

Other Articles You May Like

Estate Plan Check-Ups

Estate Plan Check-UpsEffective estate planning is personal, and its more than just deciding who to leave your assets to once you die.  Effective estate planning  is a comprehensive process that encompasses pre-need planning: health care decisions, financial management, and maintaining a delicate balance between independence and security.  Like your preventive doctor visits, you should regularly check in on your estate plan to ensure it fits your current needs, considers and plans for potential future care needs, and will give effect to your wishes now and in the future. Generally, estate planning involves creating a last will and testament, possibly a revocable trust, possibly an asset protection trust or a supplemental needs trust for a loved one who is unable to manage finances or may be vulnerable to abuse or exploitation.  Estate planning also involves important advanced directives, such as a durable financial power of attorney, a health care power of attorney, and a living will.   Creating an estate plan, or getting my affairs in order, tends to be an item on our to-do lists, for us to get done and move on to the next thing. However, while it may not be something you have to look at every month, or even every year, once your initial estate plan is completed, it is something that needs to be reviewed with some regularity.Most people get an annual physical when they are healthy, not when they are sick. They do this because they want to proactively spot any issues that could cause them to become ill in the future. The same concept can and should be applied when it comes to reviewing and updating your estate plan. Your estate plan may be healthy now, but you want to make sure that it stays that way by checking it regularly, to ensure it fits your needs and family circumstances, protects and provides for you now, and  accomplishes your goals and wishes in the future. Editors Note: This article is for informational purposes only and is not intended to be legal advice.  This article was submitted by Ashley Day, Esq.  Ashley Day Law, LLC.  Reach her at 251-277-3377. 

Nurturing Harmony in Caregiving: Open Communication and Conflict Prevention

Caring for aging parents involves crucial decisions regarding who will provide the necessary care and in what setting. However, these decisions can often give rise to conflicts among family members, particularly when one sibling assumes the role of primary caregiver. Through our work with clients and families, we frequently encounter these stressful and emotionally charged situations, creating a perfect storm for family disputes and distress.Reflecting on recent consultations with families, it becomes apparent that a key factor contributing to conflicts is the failure of aging parents to openly express their wishes and expectations regarding potential scenarios. When parents do not communicate their desires early and consistently, adult children are left to speculate about their parents preferences, leading to differences of opinion and sibling conflicts. To prevent such difficulties, we urge you to initiate conversations with your adult children about what if scenarios and discuss your wishes and preferences openly. This proactive effort can serve as your conflict prevention plan, saving you and your loved ones from engaging in conflict resolution in the future.In situations where a family member becomes a paid caregiver, it is essential to establish a formal caregiver agreement. This agreement serves multiple purposes, including clarifying the financial aspects of the care being provided. By having a caregiver agreement in place, you can prevent misunderstandings and promote a harmonious caregiving environment within your family. It ensures that everyone is on the same page and understands the expectations and parameters involved.Above all, open and honest communication is the key to fostering understanding and preventing conflicts among family members. We strongly recommend engaging in conversations early and frequently to address concerns, preferences, and potential challenges that may arise in caregiving situations. By doing so, you can promote a supportive and respectful environment where everyones needs are acknowledged and considered.At Bellomo & Associates, we believe in nurturing harmony within families facing caregiving challenges. Our experienced team is dedicated to providing comprehensive estate planning and elder law services that cater to your unique circumstances. Start the conversation with your adult children today, discussing your wishes, expectations, and potential what if scenarios. Visit our website to learn more about how we can support you and register for our free educational workshop. Let us help you pave the way for peaceful resolutions and a smoother caregiving journey.

Dealing with Deed Spam Mail

Have you recently purchased a home or made any changes to your propertys deed? Have you received an unexpected letter offering a copy of your deed for a fee? If so, youve likely encountered spam mail.Theres a company known as Land Solutions based in California that sends out Recorder of Deed Notices to individuals with newly recorded deeds. These notices claim that you can obtain a copy of your deed for a service fee of $109.00. Since the transfer of a deed is a matter of public record, they can easily access your name, address, and property information. While what theyre doing may not be a scam, we prefer to refer to it as spam. The truth is, the party responsible for transferring the deed, or even your local recorder of deeds, can provide you with a copy for a small fee or sometimes even for free. Theres no need to pay a separate company for this service.At Bellomo & Associates, many of our clients have received this type of letter, and we are delighted that they reached out to us before paying an unnecessary fee for a document we already possess on their behalf.When you receive such correspondence after making any changes, its crucial to research the company that sent it, reach out to the parties you were working with, and carefully read the fine print. In the case of these specific notices, the fine print typically states that it is not a bill but a solicitation, and you are not legally obligated to pay the amount requested.Together, we can minimize the impact of spam by working collectively and staying informed.  

Local Services By This Author

Entrusted Legacy Law

Elder Law 100 Pinewood Lane Suite #303, Warrendale, Pennsylvania, 15086

Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind.  You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets.   Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most.  Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets.  I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.