Why is My Florida Probate Attorney / Estate Lawyer Recommending a Pour Over Will and Trust for My West Palm Beach Estate Plan?

Have you been involved in Florida probate litigation before and want to  make sure your Florida probate is as smooth as possible? You may want to talk to a Florida trust lawyer about something called apour over trust or pour over will. How can Estate lawyers in Florida use these to avoidprobate lawsuits? I am glad you asked. 

What is a Pour Over Will / Trust

• It would be good to start by identifying what a pour over trust actually is.
• Probate litigation attorneys know that one big time when a probate lawsuit can rear its ugly head is when there is a complex probate administration.
• That is where the will goes through formal probate administration.
• For one thing in Florida you have to retain a licensed Florida probate lawyer if you want to do formal probate.
• Often times with a lawyer already on retainer lawsuits can flare up over simple family disputes.
• These can be expensive to say the least, they can also tear apart your family.
• That is why Florida estate lawyers are making more and more pour over wills and trusts in West Palm Beach.
• How does it work?
• Basically you start a trust but do not fund it with anything.
• Then upon your death your will basically says leave everything to the trust and administer the trust pursuant to its terms.
• Probate attorneys Florida can help you decide on the specific terms of the trust as well.

How Does This Avoid Probate Lawsuits?

• So why do Florida estate attorneys like the pour over will set up?
• This set up could avoid probate lawsuits.
• Trusts are extremely private and do not require the probate courts supervision absent a lawsuit.
• Probate on the other hand always requires the court’s supervision and most of the time requires probate attorneys.
• This increases the chances that someone decides to also file a probate lawsuit to increase their inheritance. 
• The pour over will can avoid a lot of that temptation and make everyone’s lives a lot easier.
• What else can an experienced Palm Beach probate attorney do for your estate plan?

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