QUESTION

Insurance, 401K Benificary, will they have total control of these assets or will they be distributed based on my Will???t

Asked on Mar 06th, 2013 on Estate Planning - Tennessee
More details to this question:
If I have a Benificary (3rd Wife) listed on my Insurance and 401 K forms, will that nullify my last will & Testament if I want some of those assets to be distributed to my kids??? I am trying to make sure my last Will & testament will be Honored....
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1 ANSWER

Bankruptcy Attorney serving Tullahoma, TN at Labar Law PLLC
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  Yes, your designation on an Insurance beneficiary form and on a 401K designation will control.  You Last Will and Testament will only control over your probate assets (e.g. those assets which you own after you death).  Your insurance policy is a contract right and your beneficiary will control.  Even if you get divorced, a designation to your now ex-wife would control.  The same is true with your 401K.  Additionally, with your 401K, there is a form that most companies will require your wife to sign in order to remove her as the beneficiary (even if she is not named by you).  And, each company generally has their own form. A review of your beneficiaries on your insurance policies and 401K is part of a comprehensive estate plan (just like getting Powers of Attorney and your Will prepared). This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Mar 07th, 2013 at 5:07 PM

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