Transform your daily workflows and Correct Pour-Over Will

Aug 6th, 2022
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Easy guide on how to Correct Pour-Over Will

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How to Correct Pour-Over Will

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[Music] what is a poor over will youve probably heard that term and have no idea what it means and most people dont so let me explain hi im lynn st louis estate planning and elder law attorney here in washington so a poor over will is simply a will it is a type of will its no different than any other kind of will so why is it called pour over the reason its called pour over is if youve heard that term your attorney has said that to you you have a revocable living trust as a component of your estate plan so a revocable living trust is a document that you sign as your estate planning as part of your estate plan and the purpose of it is so that upon your death you dont need to go through a probate process so lets say you and your spouse have a revocable living trust the idea is is that when the first of you dies everything probably goes to the surviving spouse when both of you die maybe everything goes down to your children or wherever you want it to go the terms of the trust say

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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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The Will Must Be Witnessed Not docHubd Unlike your other documents, your Pour-Over Will should not be docHubd.
A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.
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.
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.
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 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.
However, in Florida, a pour-over Will does go through probate. This means that whatever property has not been transferred prior to death will become part of the public record and count toward your estate administration fees and estate taxes.
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.

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