Insert Circle from the Pour-Over Will

Aug 6th, 2022
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How to Insert Circle from the 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 n

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A pour-over will only goes through probate if you have failed to attach all your assets to your living trust.
I, [Sender. FirstName][Sender. LastName], a legal adult with an address at [Sender. Address], being of competent and sound mind, do hereby declare this to be my last will and testament (hereinafter, Last Will Testament) and do hereby revoke any and all wills and codicils heretofore made jointly or severally by me.
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.
Generally, the rules are rather simple. You must intend the document to be your last will and testament (also known as testamentary intent) It must be written (a few states allow oral wills) It must be dated. It must be signed. It must be witnessed (there are few exceptions)
Heres what it may look like: I, [full name], living at [full address], declare this to be my last will and testament, and I revoke any and all wills and codicils made prior to this date.
In your will, you should: State that the document is your will and reflects your final wishes. Name the people you want to inherit your property after you die. Choose someone to carry out the wishes in your will. Name guardians to care for your minor children or pets, if you have them. Sign the will.
A last will and testament template provides simple, easy-to-follow guidelines to create a will. As the testator, or person writing the will, you will likely only have to fill in the blanks so the final product accurately represents your wishes for the distribution of your property upon your death.
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

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