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| What is a Pour-Over Will? |
| Introduction |
| A Pour-Over Will is a special type of will that is prepared together with a Living Trust. The difference between a regular Will and a Pour-Over Will is that the former is an instrument that specifies which assets will be given to whom upon a person’s death, while a Pour-Over Will permits a person’s assets to “pour over” into his/her Living Trust.
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| How the Pour-Over Will Works |
When your attorney prepares an Estate Plan for you including your Living Trust, you might see a document titled “Will” that is prepared together with your Living Trust, that exists in your Estate Planning file. You might wonder if that Will is a regular Will that provides for which assets will be given to whom upon your death. That Will is likely to be a Pour-Over Will that permits a person’s assets to transfer into the Living Trust after the person’s death.
You might forget to put all of your assets into the Living Trust at the time your attorney prepares your Living Trust. The Pour-Over Will can be drafted together with the Living Trust in order to ensure that the assets that had not been put into the Living Trust will be transferred to the Living Trust after your death. The Pour-Over Will often carries language that specifies that all of the probate estate of the deceased will be added to the Living Trust to be distributed in accordance with the provisions of the Living Trust.
Once you pass away, and your heirs find that certain assets had not been put into your Living Trust during your lifetime, they can submit your Pour-Over Will to the court for probate, or the court process by which the Will is reviewed and determined to be valid/invalid. After the Pour-Over Will goes through probate, the assets that fall under the Pour-Over Will can be transferred to the Living Trust, upon which these assets can be distributed to the beneficiaries designated under your Living Trust. It is important to know that the Pour-Over Will must generally be submitted for probate before the assets that fall under the Pour-Over Will can be “poured over” into the Living Trust and be made a part thereof.
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| Conclusion |
| Although you should aim to put all of your important assets into your Living Trust during your lifetime, it will be good for you to know that the Pour-Over Will can be used as a “back-up plan” to help you transfer assets into your Living Trust after your death, in the event that you forget to put certain assets into your Living Trust during your lifetime. |
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| I started a podcast for the Hongo Law Office, LLLC! |
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I started a podcast for the Hongo Law Office, LLLC!
While I will mainly discuss estate planning/administration issues by myself each month, I also welcome guests on my podcast. I am now inviting anyone to be on my show. Please email me at yuka.hongo12@gmail.com if any of you might be interested in appearing as a guest on my show!
I had the pleasure of hosting Ms. Kumi Suda of Hawaii Life Consulting LLC as my guest on Vol. 5 of my podcast. Kumi's motto is "Insurance can change lives," and in this episode we hear a story of one family that made a costly mistake with their insurance during their transition to life in Hawaii. Even if you are considering a trip to Hawaii, you will hear why only having credit card insurance is not a good idea. We also talk about one of Kumi's favorite things to do in Hawaii! Listen in to hear more!
Episode Link |
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| Client Comments |
| "Lawyers in the U.S. can be difficult to talk to at times, but I think people find it easy to talk to Ms. Hongo. I also like the fact that Ms. Hongo follows up with her clients on a timely basis." |
| Sachiko Trillo, Honolulu |
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| "Hongo Tsuji Tax & Consulting, our accounting firm, introduced me to Ms. Hongo. I consulted her with regards to estate planning, and I appreciated the fact that she took care of our documents in a timely manner." |
| K.A., Tokyo |
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| "I appreciated Ms. Hongo's professional expertise and the kind way in which she took care of our matter. I am truly happy that she helped us." |
| Mitsuko Seto, Osaka |
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| "Ms. Hongo not only prepared my trust, but also took care of legal matters involving my company. Her fee is reasonable and she follows up with you in a timely manner." |
| S. Suzuki, Company Owner |
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| "Ms. Hongo took care of our matter in a kind manner. We liked the fact that her office was located in Waikiki, near our home." |
| Sugiyama, Waikiki |
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| "I became a successor to 2 condominiums that my wife owned in Hawaii, after my wife passed away. Ms. Hongo took care of our probate matter in a short timeframe of 1 year. We feel very grateful to her." |
| Shuichi Sakamoto, Nasu |
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| "Our clients were very satisfied with Ms. Hongo's service because she was able to explain matters such as probate in an easy-to-understand manner. Ms. Hongo is someone we can rely on for any matter." |
| Noboru Ohhashi, List Sotheby's, Tokyo |
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| "Given that the U.S. real estate recording process and its pertaining laws differ from those of Japan, and it is difficult to learn about them in English, I appreciated Ms. Hongo being able to explain them to me in an understandable manner. I would like to seek her help in the future for other matters." |
| K. Iwasaki, Honolulu |
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| "Ms. Hongo helped me with the estate planning for my real estate in Hawaii. I was glad she was able to help me during her visit in Japan." |
| S.T., Kawasaki |
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| "It was our long-term goal to prepare a trust for our family. We are now able to take the next step in our lives, as Ms. Hongo applied her proficient bilingual skills to efficiently take care of our matter. We are very grateful for what she did for us." |
| A.P., Honolulu |
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| Attorney Yuka Hongo has been included as an honored listee in Marquis Who's Who for 2024. Marquis has chronicled the lives of accomplished individuals and innovators since 1898. |
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| Hongo Law Office LLLC is proud to have been acknowledged as one of the "Best Probate Attorneys in Honolulu for 2025" by Expertise.com. |
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| Attorney Yuka Hongo has been named a 2025 Elite Lawyer in the area of Estate Planning in Hawaii. The award recognizes attorneys who have displayed a high level of competence in their practice. |
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| You're invited to call or email |
"If you have questions about estate planning and administration, please don't hesitate to call. I'll be glad to hear from you." – Yuka
Call (808) 237-9944 or email yuka.hongo12@gmail.com |
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| Meet Yuka Hongo, Esq. |
| Yuka Hongo is a respected estate planning attorney based in Honolulu, Hawaii. She has practiced law for 10 years and is fluent in both English and Japanese. |
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Practice Areas: Yuka represents clients in matters related to estate planning such as the preparation of Trusts, Wills, and the Transfer on Death Deed. She also provides services in the area of estate administration, including probate.
Education: In 2000, Yuka graduated from Oberlin College (Oberlin, OH), where she earned a Bachelor of Arts Degree in Economics and East Asian Studies. In 2004, she graduated from Loyola Law School (Los Angeles, CA), where she earned her Juris Doctor Degree. In 2022, Yuka graduated from Keio University (Tokyo, Japan) where she earned a Master of Laws Degree.
Court Admissions and Bar Memberships: Yuka is a member of the Hawaii, California, the District of Columbia Bar, and New York Bar Associations. Yuka is a member of the Advisory Committee for the Hawaii Tax Institute Program.
Additional Qualifications: Yuka is a Certifying Acceptance Agent who can obtain the ITIN tax number for foreigners in the U.S. In addition, she is a Life Insurance Agent and a licensed Notary Public in the State of Hawaii. Also, Yuka is fully bilingual in Japanese and English and has in-depth legal work experience working with both languages.
Multicultural Background: Yuka has experience living and working in both the U.S. and Japan and has a thorough understanding of both cultures in these two countries. In addition, she loves working with people from other multicultural backgrounds and working on international matters.
Educational Presentations: Yuka has presented seminars in Japan and in the U.S. relating to various estate planning/estate administration issues.
Residence & Interests: Yuka lives in Honolulu, Hawaii and is single. She enjoys scoping out new eateries and restaurants. |
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