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over will can help the family and beneficiaries of the testator's will avoid probate on nontrust assets by transferring them into the trust's care after the testator dies. If the value of the pourover assets does not exceed California's statutory limits for trust funds, the assets will not move into probate.

A standard will is intended to account for the entirety of the deceased's 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.

Pour-Over Will Example When one spouse dies, their car, which the couple titled only in that person's name, ends up flowing smoothly into the trust. The other spouse continues to act as a trustee, so they may continue to use the car as if it were titled to them, even though its title gets transferred to the trust.

The major disadvantage of pour-over wills is that unlike living trusts, all assets that go through wills of any kind may be subject to probate. This means that using a pour-over will make at least some of your estate likely to require the very probate you've attempted to avoid when you created a living trust.

How do you write a pour-over will? 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.

Yes. Hawaii allows you to make your own will. You can create your will if you know what property you own and who you want to give it to. You do not need an attorney to draft a will in Hawaii and can use online resources.

The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.

Well, Hawaii Revised Statutes Section 5-502(b) states that a Will is still valid as a "holographic will" if the signature and material portions of the Will are in the testator's handwriting. This is true even if no one witnesses the testator writing, signing or acknowledging the Will.

To be valid in the State of Hawai`i, first, the substantive parts of the will need to be in your handwriting, and, second, it needs to be signed by you. In addition to being primarily handwritten and signed by the executor (person who's will it is), a will should also include three other crucial parts.