QUESTION

My dad has a last will that lists seven equal share recipients of "residue of estate". Not all seven are listed as beneficiaries of life insurance...

Asked on Apr 30th, 2012 on Wills and Probate - Ohio
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policies or on POD bank accounts. How does this work? Does the will override the beneficiary listings on each policy/account? Thank you for your insight.
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1 ANSWER

Tonya Coles
The "residuary estate" means the part of a person's estate remaining after all debts, expenses, taxes, and specific bequests and devises have been satisfied. This means that the seven recipients of the residuary estate will receive whatever is left (if anything) after final debts are paid, and after all items of property are passed to those who were specifically named in the will to receive that property. The will does not override the beneficiary listings on the life insurance and payable on death (POD) accounts. If the beneficiary listings are otherwise valid, those accounts will pass directly to the named beneficiaries and will not become part of the residuary estate. I can only give you a general answer here. For more information specific to your situation, you should schedule an appointment with a probate lawyer. Tonya R. Coles, Attorney at Law Elder Law -- Estate Planning -- Probate www.tonyacoles.com
Answered on Apr 30th, 2012 at 12:30 PM

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