Legal Question in Wills and Trusts in California
wills - beneficiaries
Do wills take precedence over beneficiaries on retirement pensions?
2 Answers from Attorneys
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.
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.