Legal Question in Civil Litigation in Florida
does a "will" which designates 50/50 to the 2 surviving children/adults superceed annuity beneficiary designations made within how many yrs before death . what is the required time frame for submitting the "will" to probate court and penalties for not doing so in order to delay finding of unauthorized removal of funds with invalid power of attorney from dementia/alzheimers patient the decedant.Is there case law for such issues and what are they.
Asked on 1/09/11, 6:19 am
1 Answer from Attorneys
John Harmon
The Law Office of John W. Harmon
A beneficiary designation made in contract with an annuity does not pass though probate, therefore the will does not control that asset.
Answered on 1/14/11, 8:04 am
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