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You'll 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.

False - To have legal effect, a pour-over trust must be executed prior to the will and must be in existence at the time the will is written. Property that does not pass by will or contract can still pass to an heir by operation of law.

No, a will does not usually override a trust in California, but trusts and wills are both essential instruments for coordinating a comprehensive estate plan. However, these documents can conflict and further complicate things for beneficiaries, executors, and trustees.

I, ________________________, a resident in the City of ____________________, County of ____________________, State of ____________________, being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, hereby make, ...

Some of the disadvantages of a pour-over will The pour-over assets do need to go through probate. The main problem here is one of time. Until there is the probate of the will, the assets are essentially in limbo - on hold. They are not under anyone's control.

But for more complex estates, a trust can be a valuable tool. “A will manages what happens to your assets after death, but a trust goes into effect as soon as you sign the paperwork,” says Cyndy Ranzau, wealth strategist with RBC Wealth Management-U.S. “A trust can dictate what happens while you're alive.

Pour-over will vs standard will The main difference is in scope. 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 is just what it seems: to pour a liquid over some other object. It often describes a method of preparing coffee. Example: He usually prefers a pour-over brew to espresso.

The difference between a simple will and a pour-over will is that a simple will is meant to handle your entire estate, such as by leaving it to your spouse or your kids. A pour-over will exists only to move assets into the trust and works in conjunction with either a revocable living trust or an irrevocable trust.