The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
The Will controls the assets that go through probate, i.e., those assets that were titled solely in the decedent's name. An insurance policy which lists a beneficiary does not go through probate because there is a beneficiary listed (this would be the same for any jointly owned property (if owned as joint tenants with rights of survivorship), payable on death property, or any type of asset that has a beneficiary designation (such as retirement accounts and life insurance).
Answer Applies to: Florida
The Schreiber Law Firm | Jeffrey D. Schreiber
No, since the policy death benefit proceeds are not part of the deceased's estate and does not pass through the will. The life insurance beneficiary would have to be either changed to a specific person or the estate be named as the beneficiary. If the estate is named, your should consult with a tax or probate attorney to make sure there are no adverse tax consequences.
Answer Applies to: California
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
No, if an individual beneficiary is named. The insurance company will pay to the named beneficiary, as a matter of the contract between the owner of the insurance policy and the company. A will will not affect this payment.
Answer Applies to: Oregon
Goldsmith & Guymon | Dara Goldsmith
No. Accounts or insurance policies with a beneficiary named on the account or policy pass to the named beneficiary, not pursuant to a Will. The asset with a beneficiary is not subject to probate. Sincerely, dara j goldsmith
Answer Applies to: Nevada
Burnham & Associates | Stephanie K. Burnham
Not normally. Normally, beneficiaries named in an insurance policy will receive the insurance no matter what the Will says. There are some exceptions for undue influence and you should discuss your situation with an attorney.
Answer Applies to: New Hampshire