Legal Question in Wills and Trusts in California
Can a will designate the recipient of a life insurance policy, pension, and 401K when there is a beneficiary already stated on all 3? Does the person in listed in the will have any recourse?
Asked on 6/08/12, 1:41 pm
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
No, the Will does not control the disposition of the items you mention, unless there is no valid beneficiary designation on the policy, etc, or if the owner's "estate" is the designated beneficiary.
Answered on 6/08/12, 2:13 pm
Anthony Roach
Law Office of Anthony A. Roach
No. I agree with Ms. Cusack. Those items are considered contracts, in which the the party contracts with a third party to pass money outside of probate in the event of death.
Answered on 6/09/12, 5:10 pm
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