Legal Question in Wills and Trusts in New Jersey

Does a will overide the benificiaries on life insurance polocies and CMA accounts?

Should the will be redone to state the same information?


Asked on 8/25/10, 3:01 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

A life insurance policy passes per the beneficiary designation on file with the insurance company AND IS NOT CONTROLLED BY THE WILL.

CMA accounts normally will pass as part of the estate as provided in the Will, unless it is a JTWROS account or if there is a P.O.D. beneficiary named.

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Answered on 8/31/10, 6:18 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Jon. Assets pass by operation of law (account or beneficiary designation) and a Will only operates on assets that have no beneficiary designation or are not controlled by another document, such as a trust agreement. A Will does not need to restate whatever is already specified elsewhere, unless clarity is needed or the Will maker wants to explain why things were done a specific way.

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Answered on 8/31/10, 8:50 am


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