Your estate plan should provide a clear roadmap for how your assets, wealth, and legacy will be distributed after you pass away, but many California estate plans are lagging behind the goals set forth by the estate. This often results in headaches for loved ones in California probate court or, even worse, the undoing of the legacy of the deceased.

There isn’t always time to take care of every single element and asset in an estate plan. That’s where a pour-over will comes in. This tool ensures that certain assets not already included in your trust are transferred into it upon your death, acting as a vital safety net to protect your legacy.

How Does a Pour-Over Will Work?

Many estate plans revolve around living trusts, especially for those aiming to avoid California probate court. Trusts are effective in managing and distributing your assets according to your wishes while keeping them out of probate. However, suppose you don’t account for all your assets in your trust and don’t have a will to cover the rest. In that case, those assets will be distributed according to state guidelines through the probate process, which often differs greatly from your intended legacy.

A pour-over will serves as a catch-all by naming your living trust as its beneficiary. This means any assets you did not fully transfer into your trust during your lifetime but designated in the will ultimately transfer to your trust upon your death. By doing so, it ensures that more of your assets, even those acquired late in life or ones you overlooked in your plan, will be distributed according to the terms of your trust. This can include bank accounts, real estate, and personal property, providing comprehensive coverage for your estate plan.

Making California Probate Easier on Your Loved Ones

While a pour-over will makes probate easier, it doesn’t avoid it entirely. Any assets not accounted for in your estate plan will still be subject to California probate. However, having a pour-over will means these assets have a legal document guiding their transfer, which simplifies the process significantly compared to having no plan at all. This makes the ordeal less burdensome for your loved ones, who can rest assured that your assets will be handled according to your wishes.

Talk to a Moreno Valley Estate Planning and Probate Attorney

An experienced estate planning attorney can help you properly structure a pour-over will to provide greater peace of mind. At Hedtke Law Group, we are the number one choice for families in West Covina, Upland, and Moreno Valley, California, to fortify their estate plans and ensure assets are managed and transferred smoothly. Contact our law office today to discuss your estate planning needs and protect your legacy for future generations.