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  1. #1
    Join Date
    Apr 2020
    Posts
    12

    Question Do I Really Need a Pour Over Will

    My question involves estate proceedings in the state of: New York
    A while back I met an attorney at a local gathering and in the course of our chatting, he asked me if I had a will. I said no, but I have a Revocable Living Trust. He then advised me that I absolutely needed a pour over will and he offered me his services.
    After reading up on it, I figured that it couldn't hurt to have one, although all assets with a title and just about everything else is covered by the trust, which I keep updated regularly. When i went to the attorney's office to pick up the Pour Over Will, the secretary gave me a xerox copy and said they keep the original so it wouldn't get lost.
    When I went through the short document, I couldn't find any reference to or mention of my trust. But one paragraph starts with the sentence "All the rest, residue and remainder of my estate, both real and personal, .... I give, devise and bequeth to my son." My trust however lists a number of beneficiaries, not just my son. Would this will override my Trust?
    The other paragraphs talk about payment for expenses of administration, and for payment of commissions.
    My question is: Should I be leery about this Pour Over Will and put it in the recycle bin or not?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,441

    Default Re: Do I Really Need a Pour Over Will

    Quote Quoting hukre
    View Post
    My question involves estate proceedings in the state of: New York
    A while back I met an attorney at a local gathering and in the course of our chatting, he asked me if I had a will. I said no, but I have a Revocable Living Trust. He then advised me that I absolutely needed a pour over will and he offered me his services.
    After reading up on it, I figured that it couldn't hurt to have one, although all assets with a title and just about everything else is covered by the trust, which I keep updated regularly. When i went to the attorney's office to pick up the Pour Over Will, the secretary gave me a xerox copy and said they keep the original so it wouldn't get lost.
    When I went through the short document, I couldn't find any reference to or mention of my trust. But one paragraph starts with the sentence "All the rest, residue and remainder of my estate, both real and personal, .... I give, devise and bequeth to my son." My trust however lists a number of beneficiaries, not just my son. Would this will override my Trust?
    The other paragraphs talk about payment for expenses of administration, and for payment of commissions.
    My question is: Should I be leery about this Pour Over Will and put it in the recycle bin or not?
    As long as everything is actually IN the trust the will would not override it. The will however would give everything that is not current in the trust to your son.

    I do however think that the will was poorly worded if it didn't even mention the trust or mention that it was a pour over will designed to cover things that were not included in the trust. It has the potential to cause problems (fighting etc) after you are gone. You want a poor over will that is very specific to your situations.

    I would put it in the recycle bin and have a different attorney draw up a proper pour over will. Next time, don't accept the services of someone who solicits you at a social gathering.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,303

    Default Re: Do I Really Need a Pour Over Will

    When i went to the attorney's office to pick up the Pour Over Will, the secretary gave me a xerox copy and said they keep the original so it wouldn't get lost.
    When I went through the short document, I couldn't find any reference to or mention of my trust. But one paragraph starts with the sentence "All the rest, residue and remainder of my estate, both real and personal, .... I give, devise and bequeth to my son."
    Get the original and your money back from that attorney. Are you sure he really is an attorney?

  4. #4
    Join Date
    Jul 2018
    Posts
    2,730

    Default Re: Do I Really Need a Pour Over Will

    Quote Quoting hukre
    View Post
    When I went through the short document, I couldn't find any reference to or mention of my trust. But one paragraph starts with the sentence "All the rest, residue and remainder of my estate, both real and personal, .... I give, devise and bequeth to my son."
    The term "pour-over will" refers to a will created in conjunction with a trust and which, in effect, says, "All of my estate not specifically provided for in this will are bequeathed to the Trustee of the Joe Schmoe Revocable Trust." While there's nothing inherently wrong with the document you described, it's not a pour-over will.


    Quote Quoting hukre
    View Post
    My question is: Should I be leery about this Pour Over Will and put it in the recycle bin or not?
    If you want a pour-over will, call the attorney and tell him that and ask that he re-do the document you were given.

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