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With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away. Think of it as a kind of safety net, capturing any property you didnt transfer to your trust while you were alive.
This may include real property, personal property, stocks, bondsanything that you own that is in your name will be controlled by that will, absent other estate planning that youve done. A last will and testamentcommonly shortened to just willis a legal document that expresses your last wishes.
Heres an example: I give to my son, Alan John Smith, one-third of my estate. If Alan John Smith does not survive me, this inheritance should be distributed to Alan John Smiths descendants, per stirpes.
Montana recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testators handwriting. In Montana, holographic wills do not have be witnessed in order to be valid.
Cash is considered part of your taxable estate and will be subject to federal and, if applicable, state inheritance taxes and probate. Some bank accounts have a transfer on death (TOD) designation, which allows you to name a beneficiary and avoid probate.

People also ask

One of the biggest advantages of trusts is that they prevent your family from having to undergo the lengthy and costly process of probate at the time of your passing. However, they are initially a larger investment and require more information at the planning stage than a last will.
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.
A will does not go into effect until after you die, whereas a living trust is active once it is created and funded. This means that a trust can provide protection and direct your assets if you become mentally incapacitated, something a will is unable to do.
Here are some items that you should never put in your Will: Business interests. Personal wishes and desires. Coverage for a beneficiary with special needs.
What Is a Pour-Over Will? A pour-over will is a legal document that ensures an individuals remaining assets will automatically transfer to a previously established trust upon their death.

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