I am looking for printable estate planning documents. I have a family member in Oregon who has just a house and a car and very little else. She not computer savvy so the free online will options on Clark.com won’t work as I don’t think you can print them out before inputting the information. She would like for me to print and send the will, advance directive and power of attorney. She wants to fill it out on paper herself. I will double check but I think she needs just 2 witnesses. I have a trust set up for my family but her assets are so limited, I would think a simple will is fine. Just probate
I am not a lawyer.
In my case, I have a revokeable family trust. The title to my farm is in the name of the trust and other specific items might be titled that way to avoid any probate.
I have what is called a pour-over will.
" A pour-over will is a legal document used in conjunction with a living trust. It ensures that any assets not already owned by the trust at the time of death are automatically transferred to the trust upon the person’s passing. This helps to avoid probate for those assets and ensures they are distributed according to the trust’s terms."
In my case I was told to have my relatives (whom I desired) to be listed a beneficiaries in my financial accounts, rather than list the trust.
Your situation may differ.
So I have a friend who is settling his parents estate and I believed this to be the case also. However, they have some privately held stock and the title was in the Dads name. Even with a pour-over-will, the company will not re-issue the stock certificates without a declaration from the court naming the executor. This is requiring them to open probate…
His advise going forward is to title personally named assets as (Individual Name) POD (Trust Name). I also don’t know if you can title a vehicle in the name of a Trust.
Some states will allow a vehicle to be added to a trust and some don’t. Also Some insurance companys will issue insurance in the name of a trust but certain conditions exist. Every state appears to differ. My state has a procedure t ochange the title to a trust and my insurance has a procedure to change the policy to certain types of trusts with extra documentation. You may give up the ability to hide the members of a trust.