Legal Question in Wills and Trusts in Michigan

beneficiary change automatic

I have recently remarried. My new husband had his son as beneficiery while he was single. We are going to change is, but he says there is no hurry to change the will because the wife( now me) is automatically the beneficiary anyway, should something happen to him. I live in Michigan and wondered if this was true, or would the son take precedence. I know we need it changed, but is it urgent, please advise. Thanks


Asked on 8/27/02, 6:12 pm

2 Answers from Attorneys

Patricia Prince Patricia Gormely Prince, P.C.

Re: beneficiary change automatic

NOOOOOOOOOOOOOOOOOOOO! (I add emphasis because while I do a lot of estate planning, I also do a lot of probate litigation resulting from situations where the planning has been poor/wrong?misguided/nonexistent, etc.)

Beneficiary designations are not affected by a will. And, if there is no will, your husbands other assets will pass by statute to you and any of his children, which may/may not be what he intends.

So don't put off estate planning. Believe me, it pays for itself.

Best Regards,

Pat

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Answered on 8/28/02, 3:22 am
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: beneficiary change automatic

Beneficiary designations are by contract and therefore if something should happen to your new husband his son would receive whatever he is the beneficiary of; annuity, life insurance, ira, 401k etc... Even if there was no beneficiary and the assets were in his name and there was no will, you would receive the 1st $150,000 and then split the remainder, with you 50% and his kids the remainder. Further, if either of you became sick without proper private authority such as a durable power of attorney etc... you could not make each other's decisions without court/probate involvement. Feel free to call me, check out our web site or contact the office for a folder of information. Just don't procrastinate. Remember Noah built the Ark before the Rains came.

www.brmmlaw.com

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Answered on 8/27/02, 9:00 pm


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