Pour Over Will

Pour Over Will Services

A pour-over will is an estate planning tool used to ensure the wishes you have documented in your trust agreement are followed even if something were defective.

For example, a defect can occur if you were to forget to fund your trust properly, title a new asset in the name of the trust, or if something were to go wrong with the trust itself that made it legally inoperative due to a failure of the document, or a change in the laws.

A pour-over will operate to “catch” all of the assets you failed to place into the assets of the trust and have now fallen into your probate estate. The will operates to catch these assets and “pour” them back “over” to the trust. Thus, the reason for the name “pour-over will.”

Have a Comprehensive Estate Plan

While this legal mechanism may not operate to avoid probate court, it is a safety net put in place to ensure your trust agreement will operate the way you designed.

A second safety devises placed in a pour-over will is to incorporate the terms of a defective trust into the will. This is done through an “incorporation by reference,” which is a clause in the will that simply states that if the trust were to become defective, the terms of the trust are to be added, or incorporated, into the terms of the will so that the will would act according to those trust terms.

Power Over Your Assets

This allows your ultimate plan to still be placed into action even though the trust is defective.

Finally, the pour-over will have its own disposition of your estate should the trust and the incorporation by reference be defective or inoperable. This disposition plan will likely mirror the terms in the trust but is placed in the will as added security to ensure your plan’s terms are ultimately followed.

Work With Our Trusted Filippi Law Firm, P.C.

Having a trusted attorney properly draft these documents is imperative to ensure your wishes are followed when the time comes. Contact the Filippi Law Firm, P.C. today to schedule a consultation.

  • Last Will & Testament

    We will prepare a legal document to provide clear instructions on what should happen to all your assets according to your wishes after death. It can prevent family feuds over property and other finances.

  • Power of Attorney

    We’ll guide you in choosing a power of attorney (POA) and explain what legal decisions can be made by the person assigned. It’s the best way to protect your finances, property, or medical care.

  • Trusts

    This includes Revocable Living Trust, Irrevocable Trust, Testamentary Trust, and Special Needs Trust.

  • Pour Over Will

    Our professional team will ensure that a pour-over will is in place to capture any assets that are not included in your living trust or that weren’t transferred initially. It’s always better to play it safe and make sure everything is handled accordingly.

  • Healthcare Documents

    If something should happen to you and you can no longer make decisions, you’ll want to make sure that somebody has your best interest at heart and follows your instructions for any healthcare needs. Our team will create the legal healthcare documents needed to give you peace of mind.

Satisfied Client Stories

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Anyone in need of a great law firm that does Living Trust/ Wills I highly recommend Filippi Law Firm in Rocklin.
My husband and I needed to have a new Trust done and we were very pleased with

Suzan Henshillwood
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I highly recommend Filippi law firm. Can’t say enough how much I appreciate all they did for me and my living trust. Jim is very helpful and relieved any doubts I had about trust. Very nice law firm and friendly. Thank you Jim for everything and Courtney as well.

Suzan Perfetto
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Very Professional service provided. Handled my trust with professional care and left us feeling very confident. Would recommend Filippi Law Firm to all my friends

Bret Rapozo
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Jim is a personable individual and all the people in the firm are friendly and professional. Creating my trust was painless and has taken a load off my mind.

Jil Voorhies
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We had an outstanding experience with all the Filippi associates we worked with. They were exceptionally professional and friendly. I would highly recommend their services.

John Wendt
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The Filippi Law Firm is very family oriented, professional in every way and quickly responded to any questions my family had. Their end product left nothing to be desired as it was an extremely well thought of and produced legal document. I highly recommend the firm to perform in any capacity of estate planning or administrative law.

Geraldine Dolan
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