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A Pour Over Will can be a saving grace if you forgot to (or are unable to, or choose not to) move assets into your Trust while you're still alive. If everything you own is already in a Trust, a Pour Over Will may not be necessary. However, it can be a great safeguard and tool that you may want to consider.
What is a pour over will? A pour over will is a will that is created in conjunction with a revocable living trust. The will specifies that all assets belonging to a person transfer into, or ?pour over? into the trust, when the person passes away.
over will is a legal document that ensures an individual's remaining assets will automatically transfer to a previously established trust upon their death.
To make a living trust in Virginia, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
Unfortunately, no, a Pour Over Will does not avoid probate. Because assets in a Pour Over Will are not yet owned by the Trust, they must go through probate before they can be transferred over, and it's only then that they can realize any benefits a Trust has to offer.