Legal Question in Wills and Trusts in Massachusetts

Re: father-n-law mistake

While assets that designate a beneficiary are not probate aseets and are not controlled by the Will, you should consider retaining an attorney to determine whether an argument can be made that a later executed Will is evidence of an advertent mistake in failing to change the beneficiary designation on the IRA.

Re: father-n-law mistake

Generally speaking, assets that name a beneficiary, such as life insurance or an IRA, are not considered probate assets. Therefore, they would not be subject to the terms of the will.

The circumstances of your case may be different, so I would recommend that you discuss it with an attorney. I would also recommend that you speak with the executor concerning dad's wishes, although it sounds as though the relationship may not be all that good.

Re: father-n-law mistake

Generally, assets which designate a beneficiary are not part of the probate estate.

First question: Was the Will executed after the appointment of the Beneficiary under the IRA?

If it is then you may have an argument for inadvertent mistake. If the appointment of the Beneficiary is after the Will was executed then the Courts and the Excutor would see it as youor father-in-law changing his mind.

I would go see an attorney with a copy of the Will and as much information about the IRA as you have.