Legal Question in Wills and Trusts in Massachusetts
My step father named his 4 step children and 1 birth child in his will. With all assets to be divied equal. However there is a retierment plan that will only disppense the money to his birth child, who would have nothing to do with him for the last 24 years. It is clear in the will that ALL the assets should be equal. Please help us if you can. Jim lived with us for years befor he died and we do not want to fight over this.
2 Answers from Attorneys
My guess is that the plan was not updated at the time the will was made. However, Massachusetts law is clear -- beneficiary designations in retirement plans, life insurance policies and other instruments trump the terms of the will (unless the plan or policy left the asset to the estate). The only way you're going to trump the terms are if you can prove that the designation of the biological child as beneficiary was due to a lack of capacity, fraud or undue influence at the time the designation was made. If the child had had nothing to do with the father for 24 years, you'll probably have a tough time with this argument.
You can only disburse that part which is in the estate. Retirement plans usually bypass estate administration.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
