California Revocable Trust With Pour Over Will
Description
How to fill out California Revocation Of Living Trust?
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FAQ
Disadvantages of pour-over wills In California, estates that are smaller than $184,500 qualify for a small estate affidavit that allows an executor to distribute the estate's property without going through probate. If the assets covered in the pour-over will exceed this amount, then they'll have to go through probate.
Still, if beneficiaries can prove the decedent was in the process of transferring assets to a trust when they died, a trust instrument may override a will.
The Will Must Be Witnessed Not Notarized Again, do not notarize your ?Pour-Over Will?. Rather it needs to be signed by two disinterested witnesses that are at least 18 years old. A disinterested witness is someone who will not benefit or inherit from your estate under any circumstances, directly or indirectly.
This allows any money or property you own individually to be transferred or "poured over" into your living trust upon your death. When used together with a living trust, a pour-over will acts as a safety net to capture any property that you forgot?or did not have time?to place in the trust.
A will cannot override a trust that already exists, nor can it distribute or manage property already held in an existing trust. If a trust exists and holds its assets, those assets belong to the trust itself. They are not part of your estate and, as a result, are not subject to the terms of your will.