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If you’ve created a living trust to manage your estate, you may think your work is done. But what happens if you forget to transfer an asset into the trust before you pass away? That’s where a pour-over will comes in.
In this post, we’ll break down what a pour-over will is, how it works with a trust, and why it’s an important part of estate planning for Texans who want a complete and effective plan.
What Is a Pour-Over Will?
A pour-over will is a type of will designed to work in conjunction with your trust. Instead of naming individual heirs to receive property, it simply states that any assets not already in your trust at the time of your death should be transferred—or “poured over”—into the trust.
Think of it as a safety net. If you accidentally leave something out of your trust, the pour-over ensures it ends up in the right hands. It doesn’t replace your trust, but it helps complete the picture.
These wills are commonly used with revocable living trusts, which are trusts you create and manage during your lifetime to avoid probate and maintain control over your assets.
Why Use a Pour-Over Will With a Trust?
Even the most thorough planners can overlook something. You may acquire new property, open a new bank account, or forget to retitle an asset in the name of the trust. When that happens, the trust can’t manage or distribute that asset directly. That’s where the pour-over will comes in.
This document directs any property you own in your individual name, not already in the trust, to be transferred into the trust after you pass away. It helps ensure:
- Your estate is distributed according to your wishes, not Texas intestacy laws
- Your assets are consolidated under one plan (the trust)
- The process is more streamlined for your loved ones
How It Works in Practice
Let’s say you create a revocable living trust and transfer most of your assets into it. But you later buy a car and forget to title it in the name of the trust. If you die without updating the title, the car will not be covered by the trust.
Without a pour-over will, that car might be subject to Texas intestacy laws and end up in the hands of someone you didn’t intend. With a pour-over will, the probate court is directed to move that car into your trust. Once it’s there, your trustee will distribute it according to your trust’s instructions, just like the rest of your assets.
This process doesn’t avoid probate for the car, but it ensures your overall plan still works as intended.
Texas-Specific Considerations
Pour-over wills are fully recognized under Texas law and are often included in trust-based estate plans. While Texas has a more streamlined probate process than some other states, particularly when independent administration is used, it still makes sense to keep probate limited when possible.
A pour-over will helps you manage anything that slips through the cracks. But it doesn’t replace the need to properly fund your trust during your lifetime. In Texas, trusts that aren’t fully funded can still trigger probate, which can slow things down for your loved ones and increase legal costs.
The best approach is to pair your trust with a pour-over will—and to periodically review your asset titling to keep everything aligned.
Common Misunderstandings About Pour-Over Wills
Many people assume that once they’ve created a trust, everything is covered. Unfortunately, unless every asset is titled in the name of the trust, that’s not the case.
Others believe that a pour-over will avoids probate. While your trust generally does, any assets captured by the pour-over will must still pass through probate before they can be transferred into the trust.
And finally, some assume they can skip the will entirely if they have a trust. That’s risky. The pour-over will protects your plan against missed steps and unexpected circumstances.
Dallas-Fort Worth Estate Planning Attorneys
At The Law Office of Carey Thompson, PC, we help individuals and families across Fort Worth, Dallas, and the surrounding areas create thoughtful, well-rounded estate plans. If you have a trust in place but aren’t sure whether you need a pour-over will or if you want to create both from the start, we’re here to help.
Contact us today to schedule a consultation and get peace of mind that your estate plan covers all the bases.