Save Pour-Over Will

Aug 6th, 2022
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How to Save Pour-Over Will

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In this tutorial, Attorney Andrew Bethel explains the purpose of a pour-over will in conjunction with a living trust. A pour-over will serves to transfer non-trust assets into your trust upon death. He uses the analogy of a teacup (representing the trust) and a saucer (representing the pour-over will). Just as the saucer catches any spills from the cup, the pour-over will collects assets that did not previously make it into the trust, preventing them from going into probate. Essentially, it acts as a safety net, ensuring that all assets are secured within the trust rather than being left unaccounted for in the probate process.

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A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.
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.
Search Legal Terms and Definitions A pour over will is a protection which is intended to guarantee that any assets which somehow were not included in the trust become assets of the trust upon the partys death.
You should include language in your Pour Over Will that clearly states: any assets or property that are not in the Trust at the time of death, and that do not have a named beneficiary, should be transferred to the Trust after you pass.
Under the terms of a pour-over will, all property that passes through the will at your death is transferred to (poured into) your trust. Then its distributed to the trust beneficiaries you named while you were alive.
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 pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.
The four main types of wills are simple, testamentary trust, joint, and living. Other types of wills include holographic wills, which are handwritten, and oral wills, also called nuncupativethough they may not be valid in your state. Your circumstances determine which is best for you.

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