Delete Field Settings into the Pour-Over Will and eSign it in minutes

Aug 6th, 2022
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How to Delete Field Settings into the Pour-Over Will

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hi this is mike young estate planning and vessel protection attorney in walnut creek california and i would like to explain to you what a poor over will is we get that question all of the time what is the poor over will before i proceed click the subscribe button below so that you can get notice of future videos i create on estate planning and asset protection so most estate plans in california are trust-based plans that means that we create a revocable living trust for a single person or or for a couple and we transfer assets into the revocable living trust for instance lets say bob and mary smith create a revocable living trust and then they transfer title of their home to their revocable living trust so bob and mary smith husband and wife as community property transfer their home to bob and mary smith co-trustees of the bob and mary smith revocable living trust and then if if bob dies the home stays in the trust for the benefit of mary and when when mary passes away the home is dis

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A pour-over will is a type of will that works in partnership with a living trust. Its designed to catch property you didnt put in your trust during your lifetime letting the court know you want these assets transferred to your trust after you die.
A pour-over will can sweep up any assets you may have forgotten or not gotten around to transfering and deposit them into the trust for distribution to the trusts beneficiaries. You can also use the pour-over will to make specific bequests if you do not actually want everything going into the trust.
If the decedent is survived by a spouse, minor child, or adult child living in the home, his or her homestead and up to $100,000 in personal property specified under the Texas Property Code Section 42.002(a)1 passes free from claims of general creditors of the estate.
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.
It is necessary to probate a Will when the estate includes assets titled in the decedents name. The Texas Estates Code specifically says that Will is not effective to prove title to or the right to possession of any property disposed of by the Will until the Will is admitted to probate.
A pour-over will only goes through probate if you have failed to attach all your assets to your living trust.
There is no general requirement that all wills go through probate in Texas. However, if the decedent dies and leaves a will, you can only implement its provisions through probate.
In Texas, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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