Dictionary of Law

pour over will :: legal definition

Pour over will - n. a will of a person who has already executed a trust in which all property is designated to be distributed or managed upon the death of the person whose possessions are in trust, leaving all property to the trust. A pour over will is a protection which is intended to guarantee that any assets which somehow were not included in the trust become assets of the trust upon the party's death. A pour over will often provides that if the trust is invalid in whole or in part, the distribution under the will must be made under the same terms as stated in the invalid trust.

See also: trust will and Related Law Terms ↓

Related Law Terms

abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
chattel :: n. an item of personal property which is movable, ... ments). See also: personal property
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will
distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage.
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution.
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner.
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor
trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy
will :: n. a written document which leaves the estate of t ... will and testament probate testator
winding up :: n. liquidating the assets of a corporation or part ... ration cy pres doctrine partnership

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Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
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par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.