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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.
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 pour over will functions after an individual has already created a trust and funded the trustmeaning, they have placed certain assets in the trust to be given to beneficiaries after their death in order to avoid the probate court process.
A will must be filed with the court in Nebraska regardless of whether probate is necessary. The court has the job of validating the will and handling any issues if an heir contests it. If the estate requires probate, it is often opened at the same time as when the will is filed.
What Are the Three Conditions to Make a Will Valid? The testator, or person making the will, must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator or by someone else at the testators direction and in their presence. The will must be docHubd.
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There are four main requirements to the formation of a valid will: The will must have been executed with testamentary intent; The testator must have had testamentary capacity: The will must have been executed free of fraud, duress, undue influence or mistake; and.
Per stirpes means that assets are divided equally by each branch of the family when there were surviving descendants in that branch. For example, lets say Ann has three children: Adam, Barbara, and Chris.Per Stirpes 1/3 to Adam. 1/3 to Barbara. 1/6 to Daniel. 1/6 to Elizabeth.
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.
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
You cant use per stirpes with any other class of beneficiariesnot children, nor brothers and sistersonly descendants.

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