A Will is a legal document by which you name one or more persons to manage your estate and provide for the distribution of your property at death. Wills are generally subject to probate.
A “pour-over” Will
A Pour-Over Will is a special type of will that, used in conjunction with a trust, allows for assets not titled in the trust to be directed to the trust upon your death. Although generally not necessary, a Pour-Over Will is important to have in conjunction with your Trust so that your Estate will not be probated. It is not something you should have separate from your Trust because the property that is in your Pour-Over Will will then be “poured” over into the depository provisions of your Trust.
A Simple Will is the type of document that is not used with a Living Trust. It is designed for people who have a very simple estate. A Simple Will (Statutory Will) may be suitable for those with a small, uncomplicated estate (i.e. no real property; no minor children) and relatively straightforward wishes. It is not going to avoid the Probate process. In order to avoid probate the only tried and true proven legal method is a Revocable Living Trust or Irrevocable Living Trust.
If you, or someone you know is in need of the above-mentioned legal services, please call our San Diego office at (619) 683-2545 to schedule a free, no obligation, one-on-one consultation with one of our experienced Estate Planning lawyers to discuss your legal needs.