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Since there may be personal belongings left-over after a person's death, a pour-over will guides the trust executor as to how he or she will distribute those unaccounted belongings of the deceased person such as clothing, furniture, and jewelry. A pour-over will can also name guardians and executors for minor children.
Disadvantages of Wills May be subject to probate and possible challenges regarding validity. Can be subject to federal estate tax and income taxes. Becomes public record which anyone can access.
over will is a will used alongside a living trust. You can use it to transfer assets not already held in your trust before you die into your trust after your death.
A pour over will functions after an individual has already created a trust and funded the trust?meaning, they have placed certain assets in the trust to be given to beneficiaries after their death in order to avoid the probate court process.
over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pourover will is much shorter than probate with a traditional will.
Pour-over wills act as a backstop against issues that could frustrate the smooth operation of a living trust. They ensure any assets a grantor neglects to add to a trust, whether by accident or on purpose, will end up in the trust after execution of the will.
One advantage for using a trust is that trusts can be used to begin distributing property before death, at death or even sometime afterwards. That isn't helpful or important in all cases, but it provides a level of flexibility that a will simply can't.
over will is a will used alongside a living trust. You can use it to transfer assets not already held in your trust before you die into your trust after your death.
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.