Replace Field Validation in the Pour-Over Will

Aug 6th, 2022
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How to Replace Field Validation in the Pour-Over Will

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[Music] what is a poor over will youve probably heard that term and have no idea what it means and most people dont so let me explain hi im lynn st louis estate planning and elder law attorney here in washington so a poor over will is simply a will it is a type of will its no different than any other kind of will so why is it called pour over the reason its called pour over is if youve heard that term your attorney has said that to you you have a revocable living trust as a component of your estate plan so a revocable living trust is a document that you sign as your estate planning as part of your estate plan and the purpose of it is so that upon your death you dont need to go through a probate process so lets say you and your spouse have a revocable living trust the idea is is that when the first of you dies everything probably goes to the surviving spouse when both of you die maybe everything goes down to your children or wherever you want it to go the terms of the trust say

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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.
Does a Will Supersede a Trust? Wills control the estate. Trusts control the trust estate, the assets that are placed within their ownership. They do not overlap and therefore cannot supersede each other.
Generally speaking, a trustee cannot withhold money from a beneficiary unless they are acting in ance with the trust. If the trust does not indicate any conditions for dispersing funds, the trustee cannot make them up or follow their own desires.
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.
When a will only deals with real property, it may be called a devise, and when a will only deals with personal property, it may be called a testament. If a decedent does not leave a last will and testament, their assets will be administered by a probate court.
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.
Your last will and testament is a legal written document that specifies where and to whom you wish your property and possessions known as your estate to be distributed in the event of your death. At least one executor must be appointed in your will, who is responsible for managing your estate to its conclusion.
Wills do not override beneficiary designations; rather, beneficiary designations ordinarily take precedence over wills.

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