Law Office of Lorna J. Drope

Lorna has worked for around 25 years in estate planning as an estate planner, then a tax attorney. In 2010, she opened her own practice to work with the Bay Area’s special needs community. She is licensed to practice in California, Nevada, and Arizona. In 1998, she completed her Juris Doctorate from the University of San Diego. In 2002, she completed a Taxation Master of Laws from the University of San Diego. This is just a short ‘pour-over’ testament. Pour-over wills will state that any of your assets that are not in your Revocable Living Trust at your death will be “poured over” into your Revocable Living Trust. So, these assets should be distributed in the Trust. To do this, they will have to go through probate; then, they will be combined into the Trust, and they will be distributed according to the Trust statements. Wills also name guardians for minor children, identify prior marriages or other children, or state your other wishes. Some people are not the most diligent funders of their Trusts. Pour-over wills ensure that the unfunded assets will still be distributed according to your Trust, but it is crucial to avoid probate. Thus, you should not depend on the "pour over" will provisions to get your assets to be transferred into your Trust.