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How to use or fill out Legal Last Will and Testament Form with All Property to Trust called a Pour Over Will - Idaho
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Click ‘Get Form’ to open it in the editor.
Begin by entering your full name and county of residence in the designated fields at the top of the form.
In Article One, specify the date you created your Living Trust and its name. This section outlines the transfer of any remaining assets to your trust upon your death.
Proceed to Article Two, where you will indicate how debts and expenses should be handled after your passing. Ensure clarity on who will manage these payments.
If applicable, complete Article Three regarding guardianship for minor children. Clearly state who you wish to appoint as their guardian.
In Article Four, appoint a Personal Representative for your estate. Include their name and any successor if necessary.
Review Articles Five through Seven for additional provisions regarding bond waivers, powers of the Personal Representative, and general intentions for interpretation.
Finally, sign the document in front of witnesses as required by Idaho law, ensuring all signatures are properly recorded.
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Even if you use a trust as your primary estate planning tool for distributing your assets after you die, you should also consider having a pour-over will. With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away.
What is the difference between a last will and a pour-over will?
The testator appoints a personal representative (also known as an Executor) to distribute the assets as directed by the will. A pour-over will is a much simpler document whose purpose is to transfer any assets owned by the testator at the time of their death into the living trust.
How to write a pour-over will?
To execute a pour-over will, you first create a revocable living trust, then draft the will stating that any remaining assets at your death will pour over into that trust. After your passing, the will goes through probate, and the court transfers the assets to the trust according to your instructions.
What is a drawback of a pour-over will?
The main difference is in scope. A standard will is intended to account for the entirety of the deceaseds estate. They provide instructions for distributing all assets. By comparison, a pour-over will only gives instruction for handling assets not included in the standard will.
Why would you want a pour-over will?
A pour-over will is an invaluable document for anyone who has created a living trust as part of their estate plan. Its a specialized last will and testament, designed to catch assets that have not been retitled or transferred into your living trust, pouring them into the trust upon your death.
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