Legal Question in Wills and Trusts in New York

gay partner/will/power of atty.

My partner put my name down to

receive her IRA should anything

happen to her but she never

changed her will in which she

left everything to her son (this was

over ten years ago). Which takes

president? We are now filling out

domestic partnership papers.

Which takes presidence?


Asked on 9/17/07, 6:47 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: gay partner/will/power of atty.

Specifically designated assets registered jointly (such as joint bank accounts or brokerage accounts) or which designate a named beneficiary (like retirement plans such as an IRA or designating a beneficiary in a life insurance policy) take priority over a Will, regardless of the contents of the Will. However, if the Will is not changed also, expect some resistance by the Will beneficiaries seeking to contest the inconsitency. I suggest either a new Will or a Codicil, merely confirming what has happened regarding assets not covered by the Will to avoid the possibility of problems later.

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Answered on 9/18/07, 10:50 am


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