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How to Send Pour-Over Will

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Attorney Andrew Bethel discusses the concept of a pour-over will in relation to living trusts. A pour-over will functions alongside a living trust, designed to transfer non-trust assets into the trust upon death. It can be likened to a cup and saucer, with the trust as the cup containing the assets (tea) and the pour-over will as the saucer, which collects any assets that didn’t get placed into the trust. This ensures that these assets don't go into probate, effectively serving as a safety net to capture any assets that might otherwise be overlooked. The pour-over will helps streamline the estate planning process.

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How does a pour-over will work in California?

The pour-over will names your living trust as the beneficiary. This allows any money or property you own individually to be transferred or poured over into your living trust upon your death.

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.

Does a pour-over will avoid probate in California?

A pour-over will can help the family and beneficiaries of the testators will avoid probate on non-trust assets by transferring them into the trusts care after the testator dies. If the value of the pour-over assets does not exceed Californias statutory limits for trust funds, the assets will not move into probate.

What is another name for a pour-over will?

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.

Is a handwritten will legal in California?

Are Handwritten Wills Legal In California? A handwritten will is also known as a holographic will in California. Under California Probate Code Section 6111, a handwritten will may be valid in California if the signature and material provisions of the will are in the handwriting of the person making 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.

Does a pour-over will need to be docHubd in California?

The Will Must Be Witnessed Not docHubd Unlike your other documents, your Pour-Over Will should not be docHubd.

Does a will need to be docHubd in California?

In California, you dont need to have your will docHubd to make it valid. In most states, you can use a notary to make your will self-proving. When a will is self-proving, the court can accept your will without needing to contact your witnesses to validate it. This can speed up the probate process.

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