Hide Value Choice into the Pour-Over Will

Aug 6th, 2022
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How to Hide Value Choice into the Pour-Over Will

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the following BL TV program is brought to you by OFlaherty law please enjoy welcome to learn about law my name is Kevin o Flaherty from OFlaherty law and today were gonna answer the questions what is a pour-over will and do I need a will if I have a trust so first theres three things that a will can accomplish for you one is distribution of your assets when you pass away two is naming an executor to manage the distribution of those assets and third is naming a guardian for your minor children should you pass away or become mentally incompetent a will cannot avoid probate so a lot of people ask if I have a will will that avoid a probate case so a probate is a court case thats often necessary in order for the executor to collect the assets of a deceased person and then use them to just to distribute those assets to creditors and beneficiaries of the will or heirs under state statute we want to avoid probate if we can because probate costs a lot of money and attorneys fees because it

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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.
If you feel concerned about possible fluctuations of the value of your estate, or the assets named within your estate, consider making percentage bequests. I hereby bequeath 50% of my estate to my daughter Sophia. This is an example of how you could leave half of your overall estate to one of your beneficiaries.
Suze Orman, the popular financial guru, goes so far as to say that everyone needs a revocable living trust.
The main disadvantage of a revocable living trust is that it does not protect you from creditors or lawsuits. Because you have control of everything in your trust and have access to the assets, you can still be sued for liability.
Credit Shelter Trusts The biggest benefit to a credit shelter trust is that as money grows, its never subject to estate tax. A credit-shelter trust offers a way for you to pass on your estate and lower estate taxes.
What assets cannot be placed in a trust? Retirement assets. While you can transfer ownership of your retirement accounts into your trust, estate planning experts usually dont recommend it. Health savings accounts (HSAs) Assets held in other countries. Vehicles. Cash.
A standard last will and testament dictates who should you receive your assets when you die, and a pour-over will is just a type of will that includes language covering any assets and you didnt get to transfer into your trust one that you already created during your life time, which is called a living or inter vivos
Heres a good rule of thumb: If you have a net worth of at least $100,000 and have a substantial amount of assets in real estate, or have very specific instructions on how and when you want your estate to be distributed among your heirs after you die, then a trust could be for you.
While trusts are highly structured, they do not protect your assets from creditors seeking restitution. In fact, creditors can file a claim against the beneficiaries of the estate should they learn of the persons passing.
An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust arent considered personal property. This means theyre not included when the IRS values your estate to determine if taxes are owed.

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