Legal Question in Wills and Trusts in Georgia
Is it necessary, or recommended, to list/include in a will (e.g., in the "I give" section) a person named as a beneficiary to a mutual fund or to a bank account? Assume these funds are the property of a single person.
Amounts of bank accounts and mutual funds designated to a beneficiary to such accounts are not subject to probate and I think they superced any contrary 'giving' in a will, and so this is why I ask my question.
Thank you.
2 Answers from Attorneys
Your question as posted is a bit confusing, but there is language you should include in a will regarding the exclusion of joint bank accounts.
Miswording of a will can increase probate costs or even invalidate a will, so spend a few dollars to have a lawyer prepare a proper will, and also advise you of all the related things you can or should do.
There are things like life insurance and pension benefits which are beneficiary designated assets rather than probate assets. Thus, these will pass to the designated beneficiary named on the forms, not the person named in the will if it is different. As to whether these need listed or not, it depends. Maybe you want the beneficiary to know about it and you could say "I have made provision for X outside of my will." You could also specifically list these things if you wished to do so, but it is not necessary.
Joint bank accounts are similar in that the survivor on the joint account will get the money (check with the bank to make sure that it is set up as a joint account with right of survivorship). They are also non-probate assets.
Since I don't know what assets you have and what are your testamentary wishes, I would encourage you to see an estate planning lawyer in your county. Maybe a will would suffice or maybe you should consider a trust. In either case, the lawyer will be able to ensure that either instrument is correctly drafted to address the disposition of your assets.