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How to Save Pour-Over Will in DOC

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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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What is a pour-over will in Virginia?

What is a Pour-Over Will? revocable trust document. If you do not create a pour-over will, assets that are not included in the trust will be treated as if you died without a will. This means that certain assets or items will pass to certain heirs based on the laws of Virginia.

Does a pour-over will avoid probate in Virginia?

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.

How do you avoid probate in Virginia?

Living Trusts In Virginia, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Do you have to go through probate if you have a will in Virginia?

Either way, if you die with or without a will in Virginia, your estate must go through a process called probate. If you have a will, your will is probated in the circuit court in the city our county where you resided before your death.

What triggers probate in Virginia?

In Virginia, probate is the legal process that happens after a person (the decedent) dies, regardless of whether the person died with a valid will or without a valid will. If a decedent dies with a will, then their property is distributed ing to the will.

What is the difference between a pour-over will and a 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.

Do you have to probate a pour-over will in Texas?

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.

What is a pour-over will in Maryland?

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.

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