Legal Question in Wills and Trusts in Wyoming
beneficiary when you open a money market, savings, cd's and checking accounts.
if a legal will names a different benificiary from the original card made out when you first opened your accounts at the bank which beneficiary is legal? Does the beneficiary card the bank holds take presedence over the legal will? If so then what good is a will? These accounts were opened 10 to 15 years ago and the will was made one year ago?
1 Answer from Attorneys
Re: beneficiary when you open a money market, savings, cd's and checking accounts.
The card will determine disposition of the assets in the accounts. Transfer on death ("TOD") accounts and beneficiary designations have the "advantage" of distributing the assets they control outside of probate. Depending upon one's individual circumstances, avoiding probate can provide one's heirs with more, by minimizing taxes and administrative costs.
If the card you have on file at the bank contains directions different from how you would dispose of the assets today, you need to contact the bank to revoke or update your directions.
What good is a will? I know this question is hyperbole, so to retort kindly: Do you have assets aside from the bank accounts?
Whether it is better to dispose of assets in or outside of probate (or a combination of the two) requires an analysis of tax and legal factors. If you want to do the analysis yourself, books from the Nolo Press are a good starting point. Otherwise, consult with your accountant and/or attorney.