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Millhorn Elder Law Planning Group
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Is A Pour Over Will A Necessary Part Of Estate Planning In The Villages?


Estate planning is a comprehensive, ongoing process, not a one and done task on your to-do list. Unfortunately, many people put off estate planning as something they will get to when they have time. It is understandable that life gets in the way, everyone is busy, but you have to make time now to secure your future. If you are considering the formation of a trust, you may also want to draft a pour over will. A pour over will is similar to a standard last and will testament, but offers enhanced asset protection to the grantor and their beneficiaries.

Why is a Pour Over Will Important?

A pour over will is a legal document that transfers all the grantor’s personal and real property to a revocable living trust upon their death. It is essentially a fail safe if assets are not individually transferred or deeded to the trust while the grantor is still living. Assets that were previously transferred to the trust are not subject to probate administration. However, any remaining assets do pass through probate administration. But because the trust is named as the primary beneficiary, the probate administration process is substantially expedited, and leaves no room for the possibility of a will contest or dispute between interested persons. Often a pour over will is drafted simultaneously with the formation of a living revocable trust. Importantly, the trust must be formed according to Florida statute to be valid, and a living trustee must be named to execute the trust, in  addition to a substitute trustee.

How to Create a Pour Over Will in Florida

To create a pour over will, it is highly recommended that the grantor contact an experienced probate and estate planning attorney. An attorney can help the grantor identify all potential options available to them and what goals they have in mind so that the right choice is made. For example, if Medicaid or long-term planning is desired, an irrevocable trust formation might be the better choice. If the grantor has property in multiple states, a pour over will needs to explicitly indicate this or the estate could remain open for longer than desired. A pour over will is a great option for anyone considering the formation of a revocable trust because it can be designed to complement the trust, ensuring that no assets are remaining unclaimed for. Anytime the revocable trust is updated, it is also essential that the pour over will is reviewed for necessary changes. It is also important to consider health planning documents such as an advanced health directive when reviewing your estate plan.

 Contact Estate Planning Attorneys at Millhorn Elder Law Planning Group

Estate planning can be complicated, but it does not have to be. Our wills, trusts & estates attorneys at Millhorn Elder Law Planning Group are dedicated to demystifying the estate planning and elder law planning process for our clients. With two locations in Oxford and the Villages, we are ready to serve you. Call today to give yourself peace of mind and secure your future.

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