Easily Insert Conditional Fields into the Pour-Over Will

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How to Insert Conditional Fields into 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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What do you put in a pour-over will?

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.

What is an example of a conditional bequest in a will?

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.

How do you write a conditional will?

Some examples of effective conditional will statements are: Conditional Will Statement 1: This will is only effective if my son graduates law school. . . . Conditional Will Statement 2: I make the following will to be fulfilled only if I die on my vacation. . . .

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

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

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

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.

What are the disadvantages of a pour-over will?

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.

Why use a pour-over trust?

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 assets should not be in a trust?

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.

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