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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.
Youll need to: Set up a living trust. Before you can make a pour-over will, you first need to create a living trust. Name your trustee as the beneficiary in your pour-over will. Name a will executor. Consider your other estate-planning needs.
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.
The key difference between the two is that a traditional last will controls the distribution of gifts made upon a persons death, whereas a pour over will simply pours over or funds untitled assets into a trust. That trust in turn manages most, if not all, of the gift distributions.
Create the trust document. You can get help from an attorney or use WillMaker Trust (see below). Sign the document in front of a notary public. Change the title of any trust property that has a title documentsuch as your house or carto reflect that you now own the property as trustee of the trust.
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People also ask

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.

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