Legal Question in Wills and Trusts in New York
Does a will supercede most docs?
If the decedent makes a will after setting up beneficiary designations, and states''publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils heretofore made
by me'' and I give, devise and bequeath
all the rest of my estate, both real and personal and mixed, of
whatever kind and nature, and wherever situated, of which I may die
seized or possessed, or in which I may have any interest or over.
Can one child out of four take all for their self if they are designated as benficiary- months before the person passes?
1 Answer from Attorneys
Re: Does a will supercede most docs?
The will only applies to assets which are part of the estate.
Assets held jointly with another, life insurance with a named beneficiary, etc. pass directly to the named beneficiary or joint owner and are not part of the estate.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
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