Easily Replace Text Fields into the Pour-Over Will

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How to Replace Text 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 is residuary pour-over?

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.

What are examples of residuary clauses?

I give the rest of my estate (called my residuary estate) to my husband, Tex. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestors share per stirpes.

What is a drawback of a pour-over will?

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.

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

Pour-Over Wills vs. A pour-over will transfers assets into your trust while a testamentary trust is set up by your will. Both accomplish the result of transferring assets into a trust, but a pour-over will moves your assets into an already existing trust.

Does residuary estate include money?

A residuary estate is the portion of a persons assets that are left over after paying off their estates debts, taxes and expenses and after distributing any specific gifts of property or money. People often put instructions in their wills about what to do with their residuary estates.

What is residuary distribution?

It is also known as a residual estate or simply residue. As you may know, the residuary estate distribution clause distributes the remainder of ones estate once all expenses and specific bequests are compensated.

Is a last will and testament the same as a pour-over will?

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 does residuary clause mean in a will?

A residuary clause is a provision in a will or trust that instructs how to transfer assets not specifically mentioned elsewhere. This is a valuable clause because you can pass on everything you own upon your death without anything going unclaimed.

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