Does Will over ruler beneficiary?

UPDATED: Oct 1, 2022

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Does Will over ruler beneficiary?

My father in law passed last year and had my
husband listed as beneficiary of all his Meryl
Lynch IRA accounts. He also had my
husbands name and his on his checking and
savings accounts. His Will states that his estate
is to be divided 60/40, my husband gets the 60,
and his brother seems to think the IRA
accounts are a part of that 60/40. We have
been told by 2 different attorneys that these
belong to my husband and they are his to do
with what he wants to. Is that the case?

Asked on July 1, 2018 under Estate Planning, Alabama


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Any jointly owned account is the property of the surviving owner; it is not considered a part of the deceased's estate. In other words, it is no subject to probate. Bottom line, the IRA as well as the bank accounts go solely to your husband. What he chooses to share or not share with his brother is up to him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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