Asked in Estate Planning and Probate for Pennsylvania

Q: My grandfather just passed on. In his will he said his monies were to be split between his 3 daughters. There is an

Investment worth around a hundred thousand or so. At the reading of the will the sister who was P.O.A and also executor of his will jumped up and said "I am the beneficiary of that" the lawyer tried to explain that Pap wanted the money split 3 ways but she kept saying, I am the beneficiary. The lawyer said, your dad would want you to do what's right. My question is, can she keep the investment money? Thank you

Related Topics:
2 Lawyer Answers
John B. Whalen, Jr.
John B. Whalen, Jr.
Answered
  • Estate Planning Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: ... hello ...

... yes she can ... although your father may have wanted it split, a beneficiary designation overrides the Will ...

... good luck ...

... John ...

1 user found this answer helpful

Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: The sister may be correct. If she is named the beneficiary then that designation will override the Will. However, the executor of the Will has the ability to confirm with the holder of the investment account if the sister is indeed named the beneficiary, and also when she was named the beneficiary (and if grandfather signed that form or if the sister signed the form as POA). If everything was done correctly then grandfather intended that she be named and the other sisters are not likely to receive their share of that account , unless the sister "does what's right" as the estate attorney described (but she would not be required to)

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.