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

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2 Lawyer Answers
John B. Whalen, Jr.
John B. Whalen, Jr.
Answered
  • Estate Planning Lawyer
  • Wayne, 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)

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