Estate Planning
Pour Over Will in Georgia
A pour over will catches any asset you forgot to move into your trust. Without one, those assets skip your trust entirely and go through probate on their own terms.
Why Every Georgia Living Trust Needs a Pour-Over Will as a Safety Net
A pour-over will catches any asset you forgot to transfer into your revocable living trust — it directs those assets into the trust after you die, so your distribution plan still controls everything. Without one, assets outside your trust go through Georgia probate under intestate succession laws, which may not reflect your wishes. We draft the pour-over will as part of every Complete Family Trust Package.
Here Is What Happens to Assets You Forgot to Put in Your Trust
A revocable living trust only controls assets that are properly titled to it. If you own a bank account, a vehicle, or a piece of property that was never retitled into the trust’s name, those assets are not part of the trust at death. They are subject to probate, and your trust’s distribution instructions do not automatically apply to them. A pour over will closes that gap.
How a Pour Over Will Works
A pour over will is a short legal document that directs any asset in your name at death to be transferred into your revocable living trust. It acts as a safety net for your estate plan. When you die, your executor gathers any assets outside the trust, probates them under Georgia law, and then transfers them into the trust. From there, your trustee distributes everything according to the trust’s terms. Your trust’s instructions apply to the full estate, not just the assets you remembered to retitle.
This Still Requires Probate for Those Assets
A pour over will does not eliminate probate for the assets it covers. Those assets must still pass through Georgia’s probate process before entering the trust. The goal is not to avoid probate for unfunded assets. It is to make sure that once probate is done, those assets follow your trust’s plan instead of passing under Georgia’s default intestacy rules. Proper trust funding during your lifetime is still the best way to minimize probate exposure.
What a Pour Over Will Does Not Cover
- It does not avoid probate for assets outside your trust. Those assets still go through probate first.
- It does not fund your trust for you. Retitling assets to the trust during your lifetime remains the primary strategy.
- It cannot override beneficiary designations. Accounts with named beneficiaries pass outside both the will and the trust.
- It is not a substitute for a properly funded revocable living trust. It is a safety net, not a replacement.
Why Every Trust Needs One
Almost every person who creates a revocable living trust will have at least one asset that was not retitled before death. It might be a bank account opened after the trust was signed. It might be a vehicle, a tax refund, or a small piece of real estate. It might simply be something overlooked in the rush of daily life. A pour over will ensures that no asset is stranded outside your plan.
Who This Is For
A pour over will is for any Georgia resident who has or is creating a revocable living trust. You cannot have a pour over will without a trust. The two documents work together as one complete plan. If you have a trust and do not have a pour over will, your estate plan has a gap. If you do not yet have a trust, the pour over will is included when you create one.
What The Hive Law Prepares, How the Process Works, and What You Receive
A pour over will is never prepared alone. It is always part of your Complete Family Trust Package. Your revocable trust, your pour over will, a Financial Power of Attorney, and an Advance Healthcare Directive are one integrated estate plan. Each document closes a gap the others leave open.
What Is Included
When The Hive Law prepares your revocable living trust, your pour over will is included at no additional cost. There is nothing to add and nothing to upgrade. Your pour over will names your trust as the sole beneficiary of your estate, designates an executor to carry out that transfer, and includes a no-contest clause to discourage challenges. Every version we prepare is Georgia-compliant and ready to execute on the same day as your trust.
How It Fits Into the Full Plan
Your complete estate plan covers every scenario. The revocable trust governs funded assets after death. The pour over will catches everything else. The Financial Power of Attorney covers financial decisions during incapacity. The Advance Healthcare Directive covers medical decisions. Together, these four documents leave no gap in your plan.
The Process
Everything is handled over the phone. We schedule your free strategy call, review your assets and beneficiary goals, draft all documents together, and deliver them for review and signing. Your pour over will is signed at the same time as your trust. You’ll have your documents to review about 2 to 3 weeks after your Design Meeting.
The Guarantee
If your pour over will fails to direct any asset into your trust due to a drafting error on our part, we correct it at no charge. We prepare these documents to work together from day one. We stand behind every document in your estate plan.
Your pour over will is included in the Complete Family Trust Package at no additional cost. If you already have a revocable living trust and need a pour over will added separately, ask about our standalone document service during your Design Meeting.
Most clients tell us the hardest part was deciding to start. Everything after that takes care of itself.
Without a Pour Over Will
- Assets outside your trust at death skip your trust's distribution instructions entirely
- Your family must open a probate case for every asset not titled to the trust
- Probate can take 9 to 18 months and costs thousands in court and attorney fees
- Assets may pass to unintended heirs or fail to follow your conditional distributions
- Your trustee has no authority over assets that never entered the trust
With a Pour Over Will
- All unfunded assets pour into your trust after a brief probate step
- Your trust's distribution instructions govern the full estate
- Your trustee manages all assets with full context of your overall plan
- Forgotten accounts, inherited property, and after-acquired assets end up in the right place
- Conditional distributions, timing protections, and beneficiary rules apply to all assets
How It Works
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
The Design Meeting With Shawn and Melissa
In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
Sign at Home
You sign at home, in front of a notary and witnesses you line up. Your signing instructions tell you who needs to be there. After you sign, you get a written checklist of what to do next.
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
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What Our Clients Say
After my father passed away, my mother had to rely on my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I've made for my family's future.
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
We highly recommend Hive Law. They were extremely patient and responsive, answering our many rounds of questions regarding trusts and estate planning. Shawn consistently responded the same day we sent our questions, even while his family was on vacation, which we greatly appreciated. Shawn was also always available to discuss matters by phone whenever we needed additional clarification on the options we were considering. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
The Hive Law made the entire estate planning and trust process easy to understand and stress-free. Melissa and Shawn walked us through every step and answered all of our questions. We feel confident that our family is protected. Highly recommend!
My mom chose The Hive firm to help with estate planning and developing a trust to protect her assets. I sat in on her meeting with Melissa, and Melissa did a great job of simplifying complex legalese into easily understood concepts. Shawn was very quick to get us our documents and all steps in the process were clear and easy. They make a great team and we are thankful for their help!
I used The Hive Law to help me create a trust for my family. The process was straightforward and Melissa and Shawn made sure I understood each step. They were responsive to all of my questions. I feel much more confident about my family's future now. Highly recommend!
Working with Shawn and Melissa at The Hive Law has been an excellent experience. They were one of three firms we contacted, but she made the strongest impression during our initial call. They asked great questions to understand our situation and clearly explained what we needed to put in place. We initially had some reservations about their fully virtual approach, but those concerns were quickly put to rest. After the first two calls, it was clear how easy they are to work with and how well connected we felt. Communication has been clear, organized, and reassuring throughout the process. Shawn and Melissa are professional, approachable, and thorough. We feel confident we're in good hands and highly recommend The Hive Law for estate planning.
The Hive Law Firm, and specifically Melissa, has been wonderful to work with during our estate planning process. She is knowledgeable, patient, and thorough. She answered all of our questions and made the process easy to understand. I highly recommend The Hive Law!
Shawn and Melissa were amazing to work with! My partner and I recently bought a house and wanted to get important things like wills, healthcare directives, etc. set up. They were incredible at answering all our questions and working with us to make sure we felt confident in all of the legal aspects. Having tried to do this online before with one of the DIY tools, it was just an amazing experience to get to talk through what we wanted with a knowledgeable human and have them take care of the details.
Hive Law was awesome to work with! Melissa and Shawn explained everything, kept things stress-free, and were always quick to respond to my questions. They made the whole process simple and smooth from start to finish. Highly recommend if you want a team that's knowledgeable but also easy to work with.
I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I've been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!
I used to know the bare minimum about probate and trust. I first encountered Shawn Breyer on Facebook. He was offering a webinar that I watched. That gave me a better understanding of probate versus trust. I was impressed enough to have him and his wife represent me. I had my initial one on one interview with Melissa Breyer, it went smoothly and she made everything clear. We are now proceeding with getting a revocable trust in place.
The Hive Law has been amazing throughout the process of setting up our trust. Every detail is considered and no stone is left unturned. They have been easy and enjoyable to work with. I would absolutely recommend them! Don't let your estate be turned over to Probate!!
The Hive Law helped us set up a revocable trust. Their webinar is great for answering any questions you may have, to clarify and avoid probate. Get in touch with them right away, you won't be disappointed.
Melissa was great! She gave me an honest review of my future plans that I already have in place. Turns out, I already had my ducks in a row!!! She was a pleasure to talk with!!
For several years now I have been thinking about having a will drawn up, but continued to procrastinate until an older sibling had a medical situation occur which none of the family was prepared for. This was the determining factor for me to get it done. We never know when an emergency medical situation could arise and I didn't want my other siblings to be scrambling around trying to figure things out in the event I couldn't make any decisions for myself, or God forbid I pass away. My attorney (Melissa), was very funny and made the whole experience quite entertaining. She listened to what I wanted and explained the type of plan I needed. Thanks Melissa & Shawn for making the process an enjoyable experience.
The Hive Law Firm did an excellent job helping my mother-in-law with her estate plan. The process felt overwhelming at first, but their team walked us through every step with compassion and professionalism. They listened to our concerns, explained things in simple terms, and made sure our mother's wishes were honored. We're very grateful for their guidance.
The Hive Law firm did an outstanding job helping my family members with their estate planning. They made the process clear, smooth and stress free. Truly professional and caring team, highly recommend!
The whole process of creating a family trust felt simple, clear, and stress-free. We really appreciated how patient, helpful, and easy to communicate with the team was throughout everything. Shawn and Melissa gave us great guidance and helped us feel confident every step of the way. We're grateful for their support and would definitely recommend them.
Frequently Asked Questions
A revocable living trust only controls what you actually retitled into it while you were alive. A pour-over will is the safety net for anything you missed. Without one, an asset left outside the trust passes under Georgia default inheritance rules instead of your trust instructions. Nearly everyone with a trust needs one.
A pour-over will does not avoid probate. Anything that passes under it goes through Georgia probate first, and only then moves into your trust. Its job is not to skip court. Its job is to make sure the asset still ends up under your trust instructions afterward. Funding the trust properly while you are alive is what actually keeps assets out of probate.
An asset with a named beneficiary passes straight to that person and never touches your pour-over will. That covers life insurance, IRAs, 401(k) accounts, and payable-on-death bank accounts. These pass outside both the will and the trust unless you name the trust as the beneficiary. Reviewing those designations is part of your Design Meeting.
A pour-over will needs a trust to pour into, so it does not work on its own. With no trust, there is nothing to receive the assets. If you want a pour-over will, you are also creating a revocable living trust. The Hive Law prepares both documents together as one plan.
A regular will names your beneficiaries and spells out who gets what inside the will itself. A pour-over will names your revocable living trust as the only beneficiary of your estate. Its single job is to move assets into the trust. Every instruction about who receives what, when they receive it, and under what conditions lives in the trust document instead.
Your existing will is replaced when you set up a revocable living trust. The new pour-over will sends your estate into the trust instead of handing assets out directly, and your old will is formally revoked as part of that process. The Hive Law handles the switch as part of the Complete Family Trust Package.
Find Out Where You Stand
You’ve been meaning to do this for a while now. That’s normal. Most families wait until something happens, then wish they hadn’t.
A 15-minute call tells you exactly what you have, what’s missing, and what your family needs next. No paperwork, no obligation, just a straight answer.
- No sales pitch. Just a straight answer about where you stand.
- No confusing terms. We explain everything in plain English.
- A real next step. You’ll know exactly what to do when we hang up.
Where We Serve
Georgia Counties We Serve
We help families across Georgia protect their assets and avoid probate. Select your county to learn more about estate planning where you live.