Legal Question in Wills and Trusts in California

wills - beneficiaries

Do wills take precedence over beneficiaries on retirement pensions?


Asked on 2/21/06, 6:11 pm

2 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: wills - beneficiaries

No. The only way that a will would control these funds if the beneficiary designation leaves the account to the "estate" or the executor.

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Answered on 2/21/06, 6:16 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: wills - beneficiaries

No. Neither does a will or trust affect the title of assets held in joint tenancy nor the proceeds of life insurance or annuities (unless as previously noted the beneficiary is the "estate" of the deceased).

Misunderstanding and confusion regarding these matters can be avoided by using a qualifed attorney to prepare a proper estate plan and see that it is fully implemented. Otherwise, in many cases the outcome is neither as intended by the decedent nor as expected by beneficiaries.

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Answered on 2/21/06, 6:21 pm


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