Remove Surname Field to the Pour-Over Will and eSign it in minutes

Aug 6th, 2022
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How to Remove Surname Field to the Pour-Over Will

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hey in this video Im gonna talk about the difference between a pour-over will and a regular wheel Im Paul rambling on a state planning attorney I help our clients get and keep their legal affairs in order as a bonus on this video Im gonna give you a shot of our beautiful Louisiana sunrise over my left shoulder okay so the reason Im doing this video is because a lot of I get so many questions whats a pour-over wheel and sometimes you know they get the pour-over word messed up but anyway whats a pour-over will I get that all the time so I came up with the term for purposes of this video a regular wheel because if someone doesnt have a pour-over wheel theyre gonna have our regular wheel and so I really need to give you the background so you can have a good understanding of really what a pour-over will is all about first lets talk about the regular will so the regular wheel is the kind of will that you probably you know think a will is its when someone gets their real will writte

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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.
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.
How to Avoid Probate: 6 Actions to Consider Make a Gift. You can give your assets to others before you die. Living Trusts. Joint Ownership. Revocable Transfer on Death Deed. Payable-on-Death Designations. Transfer-on-Death Registration for Vehicles.
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 assets in a pour-over will avoid probate? Not necessarily. Assets in a pour-over will only avoid probate if their total value is under $184,500, thereby qualifying the estate for a small estate affidavit. If the assets total more than $184,500, then they will have to go through probate.
In California, any form of property that is not individually owned by the deceased is considered a non-probate property by operation of California probate law. These assets are common. They can be anything from cars, belongings, life insurance policies, real property, and transfers on death accounts.
The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.
A pour-over will helps ensure that your residuary estate and any assets you neglected to include in your living trust will be transferred to that trust automatically after your passing (literally poured over into the trust), so your estate can be distributed the way you want.

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