Legal Last Will and Testament Form with All Property to Trust called a Pour Over Will - Georgia 2025

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Flexibility and control: Trusts provide more flexibility and control than wills. A will declares who you want to receive specific assets, and you have limited control over when the beneficiary receives them due to the probate process.
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.
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.
These two types of documents do not overlap and therefore cannot supersede each other. However, if they conflict, a trust will usually prevail over a will after an individual dies because the assets in the trust are legally owned by the trust, not the estate.
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.

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In Georgia, for instance, a smaller estate might be better served by a will due to its simplicity and lower upfront costs. However, individuals with larger estates might prefer a trust for its potential to avoid probate and provide privacy.
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. The trust is a separate legal entity that owns all assets that have been transferred into it.

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