Insert Conditional Fields in the Pour-Over Will and eSign it in minutes

Aug 6th, 2022
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How to Insert Conditional Fields in the Pour-Over Will

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- Hello there, my name is Kevin Snyder of Snyder Law. And Im an estate planning and Elder Law planning attorney. And today Id like to talk to you about, what a pour-over will really is. I get asked often, Whats the difference between a will and a trust, and do I need either or both? You can look at my one of our other videos, that we have here on the website, if you wanna know a little bit more about the difference between a will and a trust. Today Im gonna talk about the pour-over will. And the fact that if youre creating a revocable living trust, then youre also going to be creating in tandem or together a pour-over will. And what a pour-over will is, is its your safety net. In the event that you pass away, with some items that you own, assets that you own in your name only that were not in your trust. Cause remember, any assets that are in your trust, and if we think about a trust as a box, if its in this box, then the trust controls the assets that are in the box. But ever

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Contingent Bequests This means that it is not guaranteed, making it unique from other types of bequests. Here is an example of how a contingent bequest might be worded: I hereby leave $30,000 to my daughter Ava, but only on the condition that she graduates from a four-year university before the age of 23.
For example: Jackie could bequest to her nephew $100,000 after attaining the age of 21. Louise can bequest her house to her daughter on the condition that the daughter graduates college. Public policy would nullify a conditional bequest that Paul would receive all of Jacks estate if Paul divorces his wife.
Overview of Conditional Gifts in Estate Planning Conditional gifting is a way to put stipulations on someones receipt of property or other assets from an estate. The testator can require that the beneficiary either do or refrain from doing something to receive the gift.
How do you write a pour-over will? Set up a living trust. Name your trustee as the beneficiary in your pour-over will. Name a will executor. Consider your other estate-planning needs.
The bequest may be conditional or contingent. A bequest that is bestowed only upon fulfillment of any stated conditions is called conditional bequest. A bequest that pass only upon occurrence or non-occurrence of an event is called a contingent bequest.
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
There are two types of conditional gifts: A condition precedent is a condition which requires an event to be satisfied before the gift takes effect. A condition subsequent is a gift with an ongoing condition which, when it is no longer satisfied, terminates a gift which has already vested.
The Disadvantage of a Pour-Over Will There is really only one disadvantage to this type of will. A pour-over will, like a traditional last will and testament, does need to go through the probate process. The probate process is not fast. It can take many months before the assets can be distributed.

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