• A pourover will collects any assets left out of your Living Trust and turns them over to the trustee
• All of your assets are distributed to your heirs through the Living Trust, not your Will

• If you don't have a will and/or a living trust, the government has its own plan ("intestacy law") for distributing your assets
• Often, the government plan will not be what you want

• The exact amount or proportion will depend on what state you live in when you die, and whether your state provides for community property or not, but typically:
  • If you have a spouse and children, your spouse gets one-half or less of your separate property, and the rest is divided equally among your children
  • If you have a surviving spouse and no children, your spouse gets one-half or less of your separate property, and the rest goes to (or is shared with) your parents
• Property going to minor children will be held by a guardian
• Intestacy law does not include step-children, friends or charities
• Intestacy law may or may not provide for a domestic partner, depending on what state you live in
• You must have a will to disinherit someone

A will also appoints people to act after your death:

• Your executor (or "personal representative") makes sure your will is carried out
• Your guardian will care for any minor children or grand-children in your care
• If you fail to appoint these people, the Probate Court can appoint anyone it wants
• Do not assume that your surviving spouse or domestic partner will be picked by the court
• If you are divorced, do not assume that your ex-spouse will not be picked by the court

• Leave all your property to your spouse or domestic partner if you have surviving children or parents
• Leave property to friends, step-children or charities
• Disinherit someone
• Name your executor
• Name a guardian for any minor children

ORDER A MyCare Plan™ WILL AND TRUST PACKAGE
Or call 248-347-6703 if you have questions.