ROBERT K. SMITH, ATTORNEY
TrustSmiths.com (818) 949-0100
Servicing The Greater Los Angeles Area
including La Canada, Arcadia, Burbank, Glendale, Los Angeles, Pasadena, Redondo Beach,
San Marino and Santa Clarita
When a Living Trust is selected instead of the traditional will, a "pour-over" will is included in an estate plan for ensuring the coordination of an estate plan through the Living Trust document. The pour-over will names the Living Trust as the beneficiary for any assets not funded into the Living Trust during the trust maker's lifetime, such that those assets are said to "pour over" into the Living Trust after the trust maker's death. These assets added to the Living Trust are administered under the terms of the trust. A pour-over will does not avoid probate. A distinct set of rules apply to determine if the assets that must pour over into the Living Trust will go through the probate process or if the transfer of those assets to the trust can occur through another statutory procedure, such as the Small Estate Affidavit procedure in California.