Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. We remain open during the shutdown period, so please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Klenk Law

The New Jersey Pour Over Will – A Safety Net for Your Trust

Posted on Fri Jan 30, 2015, on Revocable Trusts and Living Trusts

From our “Ask a Question” Mailbag: The New Jersey Pour Over Will – A Safety Net for Your Trust

Most Recently Updated July 8, 2018.

“I am a resident of Gloucester County, New Jersey. If I have recently formed a Revocable Living Trust and moved all my New Jersey assets into the trust. Do I still need a will?”

How-Much-Life-Insurance

New Jersey Pour Over Will – A Safety Net for Your Trust

Avoiding Probate With A Trust

If the goal in forming your Revocable Living Trust was to avoid probate, then you must either transfer all your assets that would otherwise be Probate Assets into the trust during your lifetime or have them pour into the Revocable Trust at your death. That is often done by using a Payable on Death Account or naming the Trust as Beneficiary.

New Jersey Pour Over Will – A Safety Net for Your Trust

If all goes as planned, there is no need to file a Will with the Surrogate’s office as there is no longer a Probate Estate. But, we are all human, and it is possible you will forget to set up an account at your death to pour into the Revocable Trust. This is why all of my clients with Revocable Living Trusts also have what we call a “Pour-Over Will.” A Pour-Over Will is a Will that simply names an executor and says that any Probate Assets that exist at your death “Pour” into your Revocable Trust.

If everything is set up correctly, this Will is never filed as there are no Probate Assets. The Pour Over Will also serves an important purpose in case you die in an accident. If a lawsuit need be filed, the executor you have named in the Pour-Over Will is authorized to file the Will for litigation purposes (less expensive) and pursue the case. If successful, any recovered assets “pour into” the Revocable Living Trust.

More Planning Questions?

The pour over will is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: The New Jersey Pour Over Will – A Safety Net for Your Trust

I hope that this article was helpful in explaining the pour over will. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

File My Will Montgomery County

Estate Planning Lawyer, Kelly Barse.

Tags:

Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Gloucester County, Kelly Barse, Living Trust, New Jersey, Revocable Trust, Trusts, Wills

What Our clients are saying

Klenk Law Logo
Stars

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Klenk Law Logo
Stars

Peter Klenk is an extraordinary attorney with positive guidance and knowledge for all of your Trust and Estate needs. We have used him for over 20 years.

Klenk Law Logo
Stars

Peter came highly recommended by a close friend to do our estate planning. We have been putting off for years. He is knowledgeable, professional and easy to work with.

Klenk Law Logo
Stars

Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel

Klenk Law Logo
Stars

Professional, cheerful, thorough and fast. Peter responded to my request for a consultation right away, and within just a few days my last will and living will were done. Rates are standard.

Let us put our expertise to work for you.

Free consultation within 24 hours.