Replace Checkbox Group into the Pour-Over Will

Aug 6th, 2022
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How to Replace Checkbox Group into 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 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.
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.
Do all estates require probate? All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies.
There are four primary ways to avoid probate in Florida: Designate a beneficiary on an account. Use a ladybird deed. Living trusts. Owning property as joint tenants with right of survivorship.
A pour-over will in Florida transfers all of a persons property and assets, that are subject to probate, into the decedents trust when he or she passes away. The property transferred into the trust is then distributed to the beneficiaries of the trust by the trusts terms.
Probate and Pour-Over Wills in Wisconsin One of the reasons so many people choose to use living trusts in their estate planning is because of their ability to avoid probate. However, all wills, including pour-over wills, must go through the probate process.
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.
Does a Pour Over Will Avoid Probate? Unfortunately, no, a Pour Over Will does not avoid probate. Because assets in a Pour Over Will are not yet owned by the Trust, they must go through probate before they can be transferred over, and its only then that they can realize any benefits a Trust has to offer.

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