Legal Question in Wills and Trusts in California

Re: Will beneficiary vs insurance beneficiary

Unfortunately, a named beneficiary on an insurance policy places the property outside of the estate of the deceased and it passes to the named beneficiary, it never becomes part of the estate of the deceased.

Normally, people will create a trust and name the trust as the named beneficiary to avoid this problem.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Re: Will beneficiary vs insurance beneficiary

The person listed as death beneficiary on the insurance policy is entitled to the proceeds. These facts, which occur all too often, highlight the importance of reviewing all your pay-on-death assets -- including life insurance, pension benefitis, pay-on-death financial accounts, etc. --together with your will every 2 years to be sure your documents are coordinated to reflect your true wishes. Let us know if we can help.

Re: Will beneficiary vs insurance beneficiary

The beneficiary listed in the insurance policy would most likely inherit. A will usually cannot overcome the beneficiary designation of an insurance policy.

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This communication creates neither attorney-client nor confidential relationship, and does not constitute legal advice or legal opinion. Please do not rely in any way on this communication to satisfy your legal needs. Immediate attention may be required to protect your legal rights. I am not your lawyer until I am officially retained.