Pour-Over Will Attorney San Antonio TX
A Pour-Over Will is an estate planning document designed to work alongside a living trust. In Texas, this type of will ensures that any assets not already placed into a trust during your lifetime are transferred into the trust upon your death. This allows for a more streamlined and organized distribution of your estate, ensuring all assets are managed according to the terms of the trust. At Carroll Law Group, we help Texas residents create Pour-Over Wills as part of their estate planning strategies.
What is a Pour-Over Will?
A Pour-Over Will directs that any assets not already included in your living trust are “poured over” into the trust upon your death. It acts as a safety net for any forgotten or overlooked property, ensuring all assets are eventually handled by the trust and distributed according to the trust’s terms. While the Pour-Over Will itself may go through probate, the assets placed into the trust avoid probate, allowing for a more efficient and private distribution process.
Why You Need a Pour-Over Will
The main benefit of a Pour-Over Will is that it ensures all of your assets are treated the same way, following the terms of your living trust. Without this will, assets left outside the trust may be subject to probate and might not be distributed according to your wishes. A Pour-Over Will guarantees that any assets inadvertently excluded from the trust are transferred into it, providing consistency and peace of mind that your estate is managed as you intended.
How a Pour-Over Will Works
Upon your passing, a Pour-Over Will transfers any assets not already in the trust to the trust for distribution. While the Pour-Over Will may need to be probated, the assets in the trust are distributed according to the trust’s terms without the need for additional probate. This streamlined process helps minimize complications and ensures that your estate is administered efficiently.
Creating a Pour-Over Will in Texas
To create a valid Pour-Over Will, it must comply with Texas state laws for wills and trusts. The will must clearly reference the living trust and specify that any remaining assets will be transferred upon your death. Regular reviews of your trust and Pour-Over Will are essential to ensure that your estate plan reflects your current wishes.
At Carroll Law Group, we assist clients in Texas with creating both Pour-Over Wills and living trusts to ensure their estates are managed and distributed according to their desires. Our experienced attorneys provide guidance in drafting these documents and ensuring they align with your overall estate planning goals. If you need assistance with creating a Pour-Over Will or have questions about how it fits into your estate plan, contact us today.