Does a recent will supersede an old insurance policy beneficiary? 14 Answers as of August 15, 2011

Does a recent will supersede an old insurance policy beneficiary?

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The Law Offices of Laurie E. Ohall, P.A.
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
Replied: 8/15/2011
Law Office of Matt Potempa, PLLC
Law Office of Matt Potempa, PLLC | Matt Potempa
No. A will only directs the distribution "probate" assets. A life insurance policy is generally separate from probate assets and is distributed according to its terms.
Answer Applies to: Tennessee
Replied: 8/15/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
No. Wills have no effect on insurance beneficiaries.
Answer Applies to: Georgia
Replied: 8/14/2011
The Schreiber Law Firm
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
Replied: 8/13/2011
Minor, Bandonis and Haggerty, P.C.
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
Replied: 8/13/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    The short answer is no. Generally, life insurance policies transfer outside of a will (meaning they are not controlled by the distribution in a will).
    Answer Applies to: California
    Replied: 8/13/2011
    Majors Law Firm, P.C.
    Majors Law Firm, P.C. | M. Jason Majors
    No. Typically the beneficiary designation in a insurance policy will control over what the Will says.
    Answer Applies to: Wyoming
    Replied: 8/13/2011
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    No, a beneficiary designation on an insurance policy generally always trumps a will designation.
    Answer Applies to: Washington
    Replied: 8/13/2011
    Law Offices of Brian Chew
    Law Offices of Brian Chew | Brian Chew
    No a will does not supercede beneficiary designations
    Answer Applies to: California
    Replied: 8/13/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    Generally, no. A life insurance policy with a beneficiary designation flows outside of the will - so, regardless of what the will states, the named beneficiary would be entitled to the proceeds.
    Answer Applies to: Illinois
    Replied: 8/13/2011
    Goldsmith & Guymon
    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
    Replied: 8/13/2011
    Burnham & Associates
    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
    Replied: 8/13/2011
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