What Is A Pot Trust

A pot trust, also known as a “pour-over trust,” is a type of trust that is often used in estate planning to help ensure that all of a person’s assets are transferred to the trust upon their death. The trust acts as a “catch-all” for any assets that were not previously transferred into the trust while the person was alive.

One of the main benefits of a pot trust is that it allows for a person to have control over their assets even after they pass away. By transferring assets into the trust, the person can specify how they want those assets to be managed and distributed after their death. This can be particularly useful for individuals who want to ensure that their assets are used for the benefit of their loved ones, rather than being tied up in probate court.

Another benefit of a pot trust is that it can help to minimize estate taxes. When a person dies, their estate may be subject to federal and state estate taxes. By transferring assets into a pot trust, the value of those assets may be reduced for tax purposes, potentially lowering the overall tax liability of the estate.

In addition to the financial benefits, a pot trust can also provide emotional and practical benefits to the person creating the trust and their loved ones. By specifying how they want their assets to be managed and distributed, the person can have peace of mind knowing that their wishes will be carried out after their death. This can be particularly important for individuals who have complex financial situations or who want to provide for loved ones with special needs.

Overall, a pot trust can be a valuable tool for anyone looking to ensure that their assets are managed and distributed according to their wishes after they pass away. It is important to work with an experienced estate planning attorney to determine if a pot trust is the right choice for your specific situation.