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Pour-Over Wills

What are the advantages of a pour-over will?

A pour-over will is a testamentary (related to a will) tool where the creator of the will, the testator, creates a trust and decrees in the will that upon the testator's death, the property in his or her estate will be distributed to the trustee of the trust. In jurisdictions in the U.S. that allow for pour-over wills, testators typically don't place all of their assets in a trust for reasons of liquidity, convenience, or merely because they never got around to before they passed.

If you have been looking into a revocable living trust to avoid probate, you have probably heard about a "pour-over will," which is frequently used in conjunction with a living trust. Under the terms of a pour-over will, all of the property that would pass through your will upon your death would transfer or "pour into" your trust. Once the property is transferred to your trust, it would be distributed to the trust beneficiaries that you named while you were still alive.

You may be wondering why you need a will at all if you're using a living trust to distribute your property. Many estate planners believe that this arrangement has many advantages. For example, by having everything controlled by the trust document, it makes it clear as to who gets what and it's easier for the executor and trustee to settle your estate efficiently. Another advantage is that a pour-over will keeps your bases covered, even if you never get around to fully funding your trust before you died. Your pour-over will assures that the left over probate assets are transferred to your trust accordingly. Lastly, trusts, unlike wills are private and don't become public record after your death.

If you feel that a pour-over will would be to your benefit, contact Shepherd & Associates to learn the full details of this valuable estate planning tool!

What sets Shepherd & Associates apart from the rest?

  • Attorney Lynn Alan Shepherd has over 36 years of experience practicing law.
  • Attorney Shepherd concentrates on business and estate planning and probate.
  • Attorney Shepherd served honorably in the U.S. Army during the Vietnam War.
  • Attorney Shepherd is a former professor at Texas Southern University.
  • Attorney Shepherd served as an Assistant Attorney General for the state of Michigan.
  • We also handle other practice areas including insurance claims, personal injury, bank misconduct and class action lawsuits.

Why choose us? Because we're a solution-oriented law firm committed to making your life easier!

Shepherd & Associates - Houston Estate Planning Lawyer
Located at 14090 Southwest Freeway, Suite 300
Sugar Land, TX 77478
Phone: (713) 993-7791

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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