Transform your daily workflows and Autofill Pour-Over Will

Aug 6th, 2022
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Simple instructions on how to Autofill Pour-Over Will

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How to Autofill Pour-Over Will

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hi attorney andrew bethel weve talked previously about why you still need a last will and testament with a trust now lets talk about that will in detail the poor over will what it is and how does it differ from a normal last will and testament or living will your pour over will works in conjunction with a living trust in laymans terms it grabs non-trust assets and pours them into your trust one way ive heard it described is with a cup and saucer example think of your trust as a teacup with the tea of course being your assets held in trust one of the functions of the saucer placed under your cup is that it catches anything that doesnt make its way into or spills out of the cup that saucer is your pour over will collecting assets that did not make their way into the trust rather than letting them fall on the table which here is probate another way to think about your poor over will is that its a safety net its catching assets before they hit the floor which again here is probate

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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Are Handwritten Wills Legal In California? A handwritten will is also known as a holographic will in California. Under California Probate Code Section 6111, a handwritten will may be valid in California if the signature and material provisions of the will are in the handwriting of the person making the will.
A pour-over will can help the family and beneficiaries of the testators will avoid probate on non-trust assets by transferring them into the trusts care after the testator dies. If the value of the pour-over assets does not exceed Californias statutory limits for trust funds, the assets will not move into probate.
The pour-over will names your living trust as the beneficiary. This allows any money or property you own individually to be transferred or poured over into your living trust upon your death.
The difference between a simple will and a pour-over will is that a simple will is meant to handle your entire estate, such as by leaving it to your spouse or your kids. A pour-over will exists only to move assets into the trust and works in conjunction with either a revocable living trust or an irrevocable trust.
A living trust is a legal document that lets you direct how your assets are distributed after you die. A living trust owns the assets transferred to it, while still allowing you to use and control that property during your lifetime.
You should include language in your Pour Over Will that clearly states: any assets or property that are not in the Trust at the time of death, and that do not have a named beneficiary, should be transferred to the Trust after you pass.
The Will Must Be Witnessed Not docHubd Unlike your other documents, your Pour-Over Will should not be docHubd.
In California, you dont need to have your will docHubd to make it valid. In most states, you can use a notary to make your will self-proving. When a will is self-proving, the court can accept your will without needing to contact your witnesses to validate it. This can speed up the probate process.

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