Will & Beneficiary on Accounts
My brother made a will aproximately 30 years ago. Through out the years we had 3 brief discussions where he told me I would be the sole beneficiary. I am the only member of the family that is left and my brother never married.
This past year he found out he had a terminal illness. He is now in state 4 of the illness. Since he was diagnosed as terminal, a friend of his became his shadow. When my brother was in the hospital, he took truck loads of goods out of the house. This person has tried to cut out the family in every way and told me I could not stop him. My brother is very influenced by this person.
I have reason to believe he was instrumental in getting my brother to make him beneficiary on several large accounts about 14 days ago. However, about 5 days ago, my brother updated his will and gave me Power of Attorney when he becomes incapacitated. He said I am the sole beneficiary of his will.
My question is if in the will I am the sole beneficiary, does the will then take precidence over the beneficiary named on his accounts or are the accounts paid out according to the beneficiary listed on the account and the will handles everything else?
2 Answers from Attorneys
Re: Will & Beneficiary on Accounts
My good friend Bill Nolan gives the best advice even though Ms. Wallace is no longer in the Huntsville area. My good friend Tom Ryan is also excellent.
The accounts not associated with the probate estate would fall outside and the beneficiaries paid from the accounts. Check with an attorney on your powers under the POA.The best bet is your brother changing the beneficiary designation on those accounts.
Re: Will & Beneficiary on Accounts
You need to discuss this with an attorney. Wallace and Glass are in Huntsville and Decatur. Contact the firm and spend an hour talking over strategy with them. It will save you money.
Related Questions & Answers
-
POA person with Dementia finaincial issues My Grandma dx with dementia 5 years ago... Asked 12/12/08, 3:27 pm in United States Michigan Elder Law
-
$1500.00 reimbursement i was told that my father a wwii vet may be eligable for... Asked 11/09/08, 7:04 pm in United States Michigan Elder Law
-
Joint bank accounts and CD's My Mother and I have had joint bank accounts for... Asked 10/20/08, 8:10 pm in United States Michigan Elder Law
-
Power of attorney what form do I need to get for so that I am not financially... Asked 9/06/08, 11:30 pm in United States Michigan Elder Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
