Virginia Living Trust With Pour-over Will

State:
Virginia
Control #:
VA-E0178F
Format:
Word; 
Rich Text
Instant download

Description

Notice of Assignment to Living Trust. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. This form serves as notice that the
trustor(s) of the revocable trust transferred and assigned his or her or their rights, title and interest in and to certain described property to the trust.

A Virginia living trust with pour-over will is a legal arrangement that combines the benefits of a trust and a will to protect and manage your assets during your lifetime and ensure their smooth transfer to your beneficiaries upon your death. This estate planning tool offers flexibility, privacy, and control over your assets, allowing you to plan for incapacity, minimize estate taxes, and avoid probate. One type of Virginia living trust with pour-over will is the Revocable Living Trust. As the name implies, this trust can be amended or revoked at any time during the granter's lifetime. The assets transferred into this trust are managed by the granter for their benefit and can be used for their needs. Upon the granter's death, the assets "pour over" into the trust and are distributed according to the terms specified in the pour-over will. This type of trust allows for flexibility in managing and distributing assets while avoiding the probate process. Another variation is the Irrevocable Living Trust, which cannot be altered or revoked once created. Assets transferred into this trust are considered separate from the granter's estate, potentially reducing estate tax liability. This type of trust provides protection for assets and is commonly used for Medicaid planning or to safeguard assets from potential creditors. One significant advantage of a Virginia living trust with pour-over will is the ability to bypass probate. Probate is a court-supervised process that validates a will and ensures assets are distributed according to its terms. By transferring assets into a living trust, they are no longer considered part of the probate estate, saving time and costs associated with the probate process. Additionally, this arrangement offers privacy, as the trust document does not become part of the public record like a will filed in probate. Furthermore, a living trust with pour-over will allow for planning for incapacity. In the event a granter becomes incapacitated, the successor trustee named in the trust could step in to manage the assets on their behalf. This avoids the need for a court-appointed conservatorship and grants peace of mind that the granter's financial affairs will be handled according to their wishes. When establishing a Virginia living trust with pour-over will, it is crucial to consult with an experienced estate planning attorney who can tailor the trust to your specific needs and goals. They will guide you through the process of creating, funding, and executing the trust, ensuring that it complies with Virginia laws and effectively achieves your estate planning objectives.

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FAQ

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.

What is a pour over will? A pour over will is a will that is created in conjunction with a revocable living trust. The will specifies that all assets belonging to a person transfer into, or ?pour over? into the trust, when the person passes away.

over will is a legal document that ensures an individual's remaining assets will automatically transfer to a previously established trust upon their death.

To make a living trust in Virginia, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.

Unfortunately, no, a Pour Over Will does not avoid probate. Because assets in a Pour Over Will are not yet owned by the Trust, they must go through probate before they can be transferred over, and it's only then that they can realize any benefits a Trust has to offer.

More info

A pour over will is a will that is created in conjunction with a revocable living trust. The will specifies that all assets belonging to a person transfer into, or "pour over" into the trust, when the person passes away.Over will is an estate planning device used alongside a revocable living trust. This type of will has only one beneficiary: your revocable living trust. A pourover will is a type of will that works in partnership with a living trust. In a nutshell, a pourover will specifies how assets you didn't transfer to a living trust during your life will be transferred at death. A will names an executor and outlines how he or she should distribute the assets to beneficiaries. It instructs your personal representative to distribute the asset to your living trust once the probate proceeding is complete. Pour-over wills can provide coverage for assets not specifically listed in a trust document. Call Smith Strong: 804.325.

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Virginia Living Trust With Pour-over Will