When setting up an estate plan, many Ohio families choose a revocable living trust to avoid probate and simplify things for their loved ones. But here’s a common mistake I see: They forget to include a pour-over will.
What Is a Pour-Over Will in Ohio?
A pour-over will is a legal document that ensures any assets you forgot to move into your trust during your lifetime are automatically transferred into it after your passing. Think of it as a safety net for your estate.
For example, let’s say you created a trust and transferred your house, bank accounts, and investments into it. But later, you buy a new car or open a new savings account and forget to put it in the trust. A pour-over will in Ohio ensures those assets don’t get stuck in probate without a clear plan. Instead, they are transferred into your trust as you originally intended.
How Does a Pour-Over Will Work in Ohio?
A well-structured estate plan in Ohio typically includes both a revocable living trust and a pour-over will. Here’s how they work together:
1. You create a revocable living trust and transfer assets into it.
2.You draft a pour-over will, which names the trust as the beneficiary of any assets left outside it.
3. When you pass away, any assets not already in the trust go through probate but are then transferred into the trust.
4. Your trustee manages and distributes those assets according to your wishes.
Simply put, a pour-over will in Ohio ensures that all your assets end up in the trust, even if you forgot to put them there during your lifetime.
Does a Pour-Over Will Avoid Probate in Ohio?
A common misconception is that a pour-over will automatically avoids probate. Unfortunately, that’s not always the case in Ohio.
If assets were not properly retitled in the trust’s name before your death, they must go through probate first before being transferred into the trust. Here’s what that means:
•If you only have a pour-over will in Ohio (and no trust), your estate will go through probate like a traditional will.
•If you have a pour-over will and a trust, only the assets left outside the trust go through probate—but they still end up in the trust eventually.
•If your estate qualifies for Ohio’s small estate process, probate may be simplified (for estates under $35,000, or under $100,000 if everything goes to a surviving spouse).
The best way to minimize or avoid probate in Ohio is to make sure all major assets are properly transferred into your trust while you’re still alive.
Why Every Ohio Trust Needs a Pour-Over Will
Even the most carefully planned estates can miss something. Over time, you might:
- Buy a new home, car, or investment account but forget to title it in your trust.
- Receive an inheritance or lawsuit settlement that wasn’t accounted for.
- Open a new bank account and forget to update your estate plan.
A pour-over will in Ohio catches these assets and ensures they end up where they belong—in your trust, managed by your chosen trustee, and distributed according to your wishes.
The Benefits of a Pour-Over Will in Ohio
- Protects Forgotten Assets: Catches anything left out of your trust.
- Simplifies Estate Administration: Ensures a single trust document controls asset distribution.
- Increases Privacy: While the will itself is public, the trust details remain private.
- Reduces Legal Disputes: Harder for people to contest a trust than a traditional will.
Final Thoughts: Do You Need a Pour-Over Will in Ohio?
If you have a revocable living trust, the answer is simple: Yes, you need a pour-over will. It’s a safety net that ensures all your assets end up in the right place.
At our firm, we help Ohio families create estate plans that work in the real world—because let’s face it, life gets busy, and things get missed. A solid estate plan, including a trust, pour-over will, power of attorney, and more, ensures your loved ones avoid stress, confusion, and unnecessary court costs after you’re gone.
If you have a trust—or are thinking about setting one up—let’s make sure your estate plan is complete. Contact us today for a consultation, and let’s make sure your future is protected.
