Replace Tick to the Pour-Over Will and eSign it in minutes

Aug 6th, 2022
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How to Replace Tick to the Pour-Over Will

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hi attorney andrew bethel weve talked previously about why you still need a last will and testament with a trust now lets talk about that will in detail the poor over will what it is and how does it differ from a normal last will and testament or living will your pour over will works in conjunction with a living trust in laymans terms it grabs non-trust assets and pours them into your trust one way ive heard it described is with a cup and saucer example think of your trust as a teacup with the tea of course being your assets held in trust one of the functions of the saucer placed under your cup is that it catches anything that doesnt make its way into or spills out of the cup that saucer is your pour over will collecting assets that did not make their way into the trust rather than letting them fall on the table which here is probate another way to think about your poor over will is that its a safety net its catching assets before they hit the floor which again here is probate n

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A living trust is a legal document that lets you direct how your assets are distributed after you die. A living trust owns the assets transferred to it, while still allowing you to use and control that property during your lifetime.
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 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.
For your will to be valid under Florida law, it generally must be properly executed and witnessed. This means: You must sign at the end of your will while in the presence of at least two competent witnesses. Your decision to execute your will must be free and voluntary.
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.
A living trust is a legal document that lets you direct how your assets are distributed after you die. A living trust owns the assets transferred to it, while still allowing you to use and control that property during your lifetime.
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 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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