What is a “pour over” ill?

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What is a “pour over” ill?

Asked on April 12, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is a Last Will and testatment generally used to "catch" any assets that were not transferred in to a trust.  It is used in conjunction with a living trust in most states.  So if an asset is left out (i.e., the title is not transferred before the death of the settlor) then the assets "pours over" in to the trust upon the death of the settlor. The Will must go through probate.  Good luck. 


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