If my mother’s Will says to be split 50% for me and 50% for my brother, what happens with an annuity of which my brother is sole beneficiary?

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If my mother’s Will says to be split 50% for me and 50% for my brother, what happens with an annuity of which my brother is sole beneficiary?

Does that stay 100% to the beneficiary or does the will override and this gets split?

Asked on August 19, 2014 under Estate Planning, Connecticut

Answers:

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

Answered 7 years ago | Contributor

An annuity is one of those assets of a decedent that can pass "outside the estate" meaning that if there is a valid designation of beneficiary form in place it passes to that person who is designated and is not considered part of the decedent's estate for distribution.  So no, it goes to your brother 100%.  


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