Wills - Seidl Law Offices, PC

The Will Package provides critical guidance during the probate process. The package also includes a Durable Power of Attorney for disability planning, an Advance Medical Directive appointing an agent to make medical decisions for you when you are unable to do so yourself, and a Memorandum for Distribution of Personal Property. The package comes with a presentation file folder, which contains a variety of additional documents. If you choose a Will Package, you may later upgrade to a Living Trust Plan for a reduced fee.

Everyone has a Last Will and Testament, even if they have not written or executed one. There are three kinds of Wills: (1) the Intestate Will; (2) the Testate Will; and (3) the Pour-Over Will.

The Intestate Will is used for those who have not written their own Will. The Intestate Will is the least desirable form of estate planning, because the Intestate Will is dependent upon the intestate laws of the state where the person dies. Such critical decisions as who will be the executor of the estate, who will receive property, and who will be the guardian of minor children are determined by state law.
The Testate Will is a written will. Testate wills are used to make such critical decisions as who will be the executor of the estate, who will receive property, and who will be the guardian of minor children. Generally, everyone should have a Testate Will. Those who have a Living Trust should have a particular type of Testate Will, sometimes known as a Pour-Over Will.
The Pour-Over Will is a written will used in conjunction with a Living Trust. If properly planned, the primary purpose of the Pour-Over Will, besides the appointment of a guardian for minor children, is to act as a safety net to “catch” probate assets not titled or designated to the Living Trust. These assets are then “poured over” to the Living Trust under the terms of the Pour-Over Will.