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The document provides instructions and a template for creating a 'Pour Over Will' in Illinois, intended for individuals establishing or having established a Living Trust. It emphasizes the importance of having a will alongside a living trust to ensure that any assets not transferred to the trust at the time of death are directed to it. The document outlines various articles covering asset conveyance, debt payment, guardianship of minor children, appointment of personal representatives, and other legal provisions necessary for estate planning.

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Does a Last Will and Testament override a deed?

No, a will does not supersede a deed. Deeds can be used as an estate planning tool. This is done by splitting up ownership of land into two interests: a life estate and a remainder interest. The person with the life estate gets to have and use the property during their life.

Does a Last Will and Testament override a trust?

Which Takes Precedence: Will or Trust? In California, a trust often supersedes a will if a person has created both documents. A trust takes effect immediately, while the trustee is still alive, whereas a will only takes effect after the death of the executor.

What are the disadvantages of putting your house in trust?

If your home is transferred to an heir via a will, it will likely have to go through probate. However, if your home is held in a trust, it can be transferred to the heir without going through probate. This can save your loved ones time, money, and stress.

Should I put my house in a trust in Illinois?

Placing your house into a trust has many potential benefits. If you are thinking of planning for long term care or simply want to avoid the process of probate, you should consider a trust to hold title to your property.

Is a pour-over will a Last Will and Testament?

Is a last will and testament the same as a pour-over will? No, a last will and testament is different from a pour-over will. A last will and testament is a standalone document that outlines how you want your assets distributed after death.