Pour over wills

The rules for a Will are different than from a Trust. A will need only be witnessed in most jurisdictions. A pour over will is just a will though connected to a Trust in that it pours over its assets in to the Trust. Trusts need to be notarized because they are held to a different standard. Does that help? This is intended to be general guidance and not necessarily state specific advice. There are some concepts that are the same or similar in most jurisdictions but not all. Use the .com web site to find an attorney in your area for state specific advice. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

A pour over will requires witnesses. In Illinois, 2 witnesses are required. It does create confusion as a revocable living trust merely requires a notary. However, a trust is a contract and governed by different standards. Although not mandatory, it is recommended that the witnesses be disinterested parties, i.e. that they are neither beneficiaries under the will or a designated fiduciary (e.g. executor or guardian).

The prior attorney lays out the law quite nicely. But you have it wrong here. The will pours the net probate assets to a revocable trust, not the other way around. Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com . and his blog is >