SimplyTrust Knowledge Base

A: Witnesses in trusts and wills validate proper execution of estate planning documents and confirm the sound mind and willingness of the person creating them.

A: 1. Primary Purpose: A will distributes assets directly to beneficiaries, while a pour-over will moves remaining assets into a trust.2. Probate Process: A will always requires probate, while a pour-over will may still require probate for assets not already in the trust.3. Trust Requirement: A traditional will stands alone, whereas a pour-over will functions with a living trust.4. Privacy: A will becomes public during probate, but a pour-over will keeps most assets private through the trust.5. Best For: A traditional will works for individuals without a trust, while a pour-over will suits those using a trust to manage assets.

A: A trust is a legal entity that holds and manages assets according to your instructions. You transfer ownership of assets to the trust, and a trustee follows your directions for managing and distributing them. Because the trust owns the assets rather than you personally, they bypass probate and transfer directly to beneficiaries upon your death.

A: Delaware has detailed trust statutes with flexible execution rules in some situations. For example, a written trust is not automatically void based on formalities. Delaware also recognizes certain execution paths under Title 12. Meanwhile, Nevada has modern trust administration features. Nevada law also supports electronic trusts under NRS 163.0095. Both states support electronic execution options in practice. Delaware has enacted a statute authorizing electronic execution of trust documents.