Back to the Learning Center

By: Scott Grossman on October 18th, 2016

Pour-Over Will Not a Cure-All

A pour-over will is a solution to a trust that has been left accidentally or intentionally incomplete.

Suppose the trustor has not had the opportunity to complete the transfer of certain assets into their trust before they die. The pour-over will serves as a stop-gap transfer of those assets into the trust.

Unfortunately for beneficiaries, the reality of a pour-over will means that any asset “caught” by the pour-over clause will still need to go through California probate. Until the probate process is complete, the asset isn’t officially transferred into the trust.

Further Explanation of a Pour-Over Will

What does that mean? The asset will now also need to go through the California trust administration process.  This makes the beneficiaries wait through both processes. This will mean several months, sometimes years, of additional waiting for those assets the decedent intended them to have.

Trustees shouldn’t assume that a pour-over will is protecting the decedent’s assets from the difficulties and expense of probate.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.