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How to Edit Pour-Over Will

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Attorney Andrew Bethel discusses the importance of a pour-over will in conjunction with a living trust. A pour-over will ensures that any assets not included in the living trust are transferred into it upon death. The concept is explained using a cup and saucer analogy: the trust represents the teacup holding the assets (the tea), while the pour-over will acts as the saucer, catching any assets that didn't make it into the trust and preventing them from going through probate. Essentially, a pour-over will serves as a safety net, ensuring all assets are collected and poured into the trust, avoiding the complications of probate.

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What is the difference between a pour-over will and a will?

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.

Does a pour-over will avoid probate in Florida?

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.

Do you have to probate a pour-over will in Texas?

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.

How does a pour-over will work in California?

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.

Does a pour-over will avoid probate in California?

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.

What is the limit to avoid probate in California?

California law provides that a probate is not necessary if the total value at the time of death of the assets, which are subject to probate, does not exceed the sum of $166,250.00 There is a simplified procedure for the transfer of these assets. The $166,250 figure does not include vehicles and certain other assets.

How can you avoid probate in California?

Living Trusts In California, 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).

What assets are exempt from probate in California?

Life insurance, death benefits or other assets not subject to probate that pass directly to the beneficiaries. Unpaid salary or other compensation up to $16,625 owed to the person who died. The debts or mortgages of the person who died. (You are not allowed to subtract the debts of the person who died.)

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