Arkansas Pour over Wills Attorney
When you’re thinking about the future, your family, and your legacy, it helps to know that your affairs are in good hands. If you already have (or are thinking about creating) a trust, you might wonder, “What happens to the assets I forget to put into it?” That’s what a pour-over will is for.
At Arkansas Legacy Planning, we help individuals and families all across the state create estate plans that don’t leave anything behind—both literally and emotionally. A pour-over will can be the missing piece that pulls your whole plan together, and we’re here to make sure it does just that.
Understanding Pour-Over Will
So, what is a pour-over will—and why might you need one?
A pour-over will is a special type of legal document that works hand-in-hand with your trust. If you forget to move a bank account, property, or personal asset into your trust during your lifetime (don’t worry, it happens all the time!), the pour-over will makes sure it gets transferred after your death.
This instrument “pours over” any leftover assets into your trust. That’s where the name comes from. In other words: it acts like a safety net for your estate plan.
Under Arkansas law, a pour-over will is fully valid and enforceable as long as it’s properly drafted. It ensures your wishes are respected even for the things you didn’t plan for in advance.
If you’re not sure whether a pour-over will applies to you, here’s the bottom line: if you have a trust or are planning to create one, you should absolutely consider including a pour-over will to complete your plan.
How a Pour-Over Will Works with a Trust
Here’s how it plays out in real life:
1. Setting the stage
You create two documents—a living trust and a pour-over will. Your trust spells out exactly how you want your assets handled and who gets what.
2. Funding the trust
During your lifetime, you transfer your home, investments, family heirlooms, and other valuables into your trust.
3. The backup plan kicks in
When you pass away, your pour-over will catches any assets you forgot to transfer and directs them into your trust.
4. Following your instructions
Once everything is gathered safely in your trust, your trustee follows your instructions to manage and distribute everything.
With a pour-over will, you can rest easy knowing your legacy will be managed just how you intended, even if life got a little busy along the way.
What Are the Benefits and Drawbacks of a Pour-Over Will?
Pour-over wills offer several big advantages that make them a popular tool among estate planning lawyers and clients alike:
- Catches the “forgotten stuff”: We’re all human. It’s easy to forget to move something into your trust. A pour-over will makes sure it’s not lost or passed on in a way you didn’t intend.
- Keeps everything together: Once the assets go through all formal probate procedures, they land in your trust so you only have one set of instructions governing your estate.
- Reduces family conflict: Clear plans mean fewer arguments. By directing all remaining assets into your trust, you avoid uncertainty that can lead to legal battles or family stress.
- Gives you peace of mind: There’s something really comforting about knowing your bases are covered. With a pour-over will in place, you can feel confident your estate plan is complete.
Every tool has its tradeoffs, and a pour-over will is no exception. It’s important to know the full picture so you can make confident choices:
- Probate is still required: Even with a trust in place, anything your pour-over will covers has to go through the probate process. It’s a legal process that can take time and there are fees involved.
- Delay in distribution: Because of probate, beneficiaries might need to wait longer to receive certain assets. If those assets are crucial (like funds needed right away), this can be frustrating.
- Public process: In Arkansas, probate is a matter of public record. That means details about the assets going through the pour-over will may become accessible to others.
Does this mean a pour-over will is a bad idea? Not at all. In fact, it’s often a smart and essential backup. But it’s always best to go in with your eyes open and with a knowledgeable estate planning attorney at your side.
The Importance of Working with an Experienced Attorney
There’s a big difference between downloading a form online and working with someone who understands the real-life side of estate planning. Sure, a pour-over will sounds simple enough, but when you start asking, “What exactly should I include?” or “How does this tie into my trust?” things can get murky fast.
We’re here to answer these questions for you and provide you with the guidance you need. At Arkansas Legacy Planning, we guide you through decisions that affect the people and things that matter most in your life. Our attorneys take the time to learn your story, explain your options in plain English, and make sure every piece of your estate plan fits together exactly the way it should.
An experienced estate planning attorney can help you:
- Avoid costly mistakes and probate delays
- Make sure your pour-over will and trust are working in sync
- Keep your plan updated as life changes
- Feel confident that nothing is left to chance
Whether you’re just starting out or fixing a plan that no longer fits, having the right lawyer makes everything easier, clearer, and a whole lot less stressful.
Frequently Asked Questions
Not entirely. Assets handled through the pour-over will still have to go through the probate court before they can be transferred to your trust.
Yes, if you want full coverage. The trust manages the assets you’ve placed into it, and the pour-over will catches anything you left out.
Any assets not in your trust when you pass away could end up going through intestate succession—meaning the state decides who gets them. A pour-over will helps avoid that.
You could, but it’s risky. Estate planning laws are specific, and DIY documents can lead to big problems. Instead, consider working with an experienced attorney who knows Arkansas state law.
Not necessarily, but it’s a great choice for many people who already have a trust. Our team at Arkansas Legacy Planning can help you figure out what’s best for your situation.
Contact Us Today
You have worked hard to build a life you’re proud of. Why leave the future to chance after everything you’ve been through? Whether you’re just beginning your estate planning journey or fine-tuning a trust that’s already in place, our team at Arkansas Legacy Planning is here to help you create a plan that’s as thoughtful and unique as the life you’ve built.
If you’re ready to add a pour-over will to your estate plan or if you just have questions, we’re here to listen. Reach out now to discuss how we can help you.
Contact Us
Feeling lost or worried about your future? Our team at Arkansas Legacy Planning is here to provide personalized support for all your estate planning needs. Contact us today so we can start working on a clear, tailored strategy designed specifically to safeguard what matters most to you.
