If I have my daughter on an insurance policy at work but in my Will my son recieves a 100% of any insurance proceeds, does the Will prevail?

Asked on June 3, 2012 under Estate Planning, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, a beneficary designation - which is what I think you mean here with the policy at work - will over ride the Will, so to speak.  This is because if an insurance policy has a properly executed beneficiary designation then it passes "outside" the Will and directly to the person named.  Therefore there are no proceeds for the WIll to distribute.   Good luck. 

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