Legal Question in Wills and Trusts in New Jersey
Is it common and possible for an attorney drafting will to list non-probate assets? When an estate planning attorney is drafting a will does he or she discuss non-probate assets such as IRA's, retirements and life insurance policies with the client who wants the will drafted?
2 Answers from Attorneys
It is not common to list assets of any kibnd in a will, except to the extent that a particular asset is being left to a person or charity.
It is appropriate for the estate planning to discuss all assets, as well as the client's goals, because that is necessary information to create an estate plan.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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I agree with Miriam. It is highly unusual to mention specific assets in a Will, as types and locations could change over time. Also, those that are not subject to probate (like retirement plans or insurance policies that have named beneficiaries, POD or ITF accounts, joint accounts with survivorship rights) are not usually mentioned. Where specific bequests of assets are to be made, a specific asset might be mentioned (e.g., my bank account at XYZ Bank or my painting by John Doe artist). As to overall asset discussion, it is recommended that they be discussed; particulalrly in an estate planning context, where suggestions beyond a Will might be discussed (such as Living Trusts to protect assets, save deah taxes, etc.). Plus, a named beneficiary could predecease the maker of the Will and if no successor or alternate beneficiary is named, the asset could become part of the probate estate.
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