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What are the four basic types of wills? Simple will. A simple will?sometimes known as "basic"?is the type most people associate with the word "will." With a simple will, you can decide who will receive your assets and name a guardian for any minor children. ... Testamentary trust will. ... Joint will. ... Living will.
over will transfers assets into your trust while a testamentary trust is set up by your will. Both accomplish the result of transferring assets into a trust, but a pourover will moves your assets into an already existing trust.
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.
A Pour Over Will can be a saving grace if you forgot to (or are unable to, or choose not to) move assets into your Trust while you're still alive. If everything you own is already in a Trust, a Pour Over Will may not be necessary. However, it can be a great safeguard and tool that you may want to consider.
Idaho Code Section 15-2-503 recognizes handwritten or Holographic Wills, "whether or not witnessed, if the signature and the material provisions are in the handwriting of the Testator." It is best to have all provisions in your own handwriting.
The Secretary of State's office maintains Idaho's will registry. This service will help ensure your loved ones can become aware of the existence and location of your will after your death. The will registry only contains basic information about your will.
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.
What's the definition of "pour-over will"? A pour-over will is a last will and testament that serves as a safety device to capture any assets that are not transferred to or included in a living trust.