Legal Question in Wills and Trusts in Massachusetts
If a will states; I direct the rest and residue of my estate of every kind and nature be divided into as many equal share as I have children living at the time of my death and I direct that my Executrix, hereinafter named, distribute each such equal share to such child [8 children] does that include life insurance and CD'S left in only one of the said children name if it the will doesn't state such?
2 Answers from Attorneys
A will can only distribute probate property, and cannot distribute non-probate property, such as life insurance. If you need the assistance of counsel in carrying out the duties of executor or administrator, please do not hesitate to contact my office. 617-357-4898
No - it only includes such property as exists, and with life insurance and CDs the money goes to a beneficiary. There are ways to include this amount into the will.
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