To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

A pour-over will can pick up what your trust leaves behind

Many Florida residents choose to set up trusts to handle the bulk of their estates. This can be the best solution for many people. One common reason many people give is the desire to avoid having their estates going through probate after they pass away, in order to get around the estate tax or complications distributing the assets to their intended beneficiaries.

However, trusts need to be funded to take effect, and even the most careful person might not be able to get all of their valuable assets into trusts before dying. If you receive a court judgment, income tax refund or other influx of cash late in life, it could be left outside of your estate plan, requiring your estate to go through probate anyway.

For this reason, even those reluctant to have a will should consider a pour-over will. This is a type of will that “catches” assets not placed in trust at the time of the decedent’s death, and “pours” them into a trust.

This does require entering into probate, but there are some advantages of doing so, beyond making sure that these late-arriving assets are disposed of. For example, probate can help clear title on pieces of real estate, allowing that property to be passed on in the way the decedent intended. Also, if any creditors claim the decedent owed them money, those claims can be settled in probate.

Finally, as we mentioned above, the estate may receive a judgment or settlement, if the decedent was killed in an accident and another party was responsible.

For these and other reasons, a combination of a will and trusts may be the best solution, but a conversation with your estate planning attorney will help you determine what will work for you.

No Comments

Leave a comment
Comment Information

Request Your Free Telephone Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.


North Office
950 S. Winter Park Dr
Suite 290
Casselberry, FL 32707

Toll Free: 888-681-4389
Casselberry Law Office Map

South Office
14115 Town Loop Blvd #300
Orlando, FL 32837

Toll Free: 888-681-4389
Orlando Law Office Map

At Korshak & Associates, P.A. we love feedback from our clients. Please take a moment and tell us how we’re doing!

Review Us