But what about that piece of property that you recently acquired, forgot about, or neglected to retitle in the name of the trust. Without a will, any assets that are intentionally or inadvertently left out of a trust will pass through the intestacy statues rather than according to the terms of your trust.
To avoid the possibility of this happening, a pour-over will is used. A pour-over Will is a safety net that ensures any assets that are intentionally or inadvertently left out of the trust are diverted to the trust at your death and managed and distributed according to your wishes.
If any assets are left out of the trust, the pour-over Will can be probated, but the assets will eventually be distributed according to the terms of the trust rather than according to state law.