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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.
If the testator (the person creating the Will) lacks the testamentary capacity for reasons like dementia, mental illness, or the influence of medications or substances, this could void a Will.
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.
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.
Unlike trust assets, pour-over property may not avoid the probate process. Probate is a court-supervised procedure in which a judge oversees the distribution of assets owned solely in your name at the time of death.
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A pour-over will is a specialized estate planning instrument designed to ensure that any assets not explicitly included in a trust are transferred, or poured over, into the trust upon the death of the testator (creator of the will).
If the decedent has a spouse but no living children: Spouse inherits everything. Read the law: Md. Code, Estates and Trusts, 3102(a)

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