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over will in Florida transfers all of a person's property and assets, that are subject to probate, into the decedent's trust when he or she passes away. The property transferred into the trust is then distributed to the beneficiaries of the trust by the trust's terms.

Wills are commonly challenged on the grounds of the testator's mental capacity and may be invalidated if a lack of mental capacity is proven. Mental capacity is determined by the Court and, although it is highly influenced by medical evidence, that is not the sole consideration.

Any person who is of sound mind and at least eighteen (18) years old can write a will. The person must freely and voluntarily make the will, and not be under any pressure to make the will. DOES A WILL HAVE TO BE WRITTEN? Wills must be in writing before a person dies to be legally valid.

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.

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.

To fully protect himself, his wife and his children, he decides to create a Pour Over Will that explicitly states ?any assets or property that are not in my Trust at the time of my death, that are not clearly left to a beneficiary of my Will, should immediately go into my Living Trust.? Once Rob passes away, all ...