Huntersville, NC asked in Estate Planning for Texas

Q: How does a will accommodate beneficiaries listed on a specific account?

If a will stipulates that each heir receives 25% of assets and there is a specific financial account that has listed two beneficiaries, would the amount received from that account count as part of the division of assets?

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Anthony M. Avery
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Answered

A: Usually specific bequests and devises are transferred prior to distributions of residuary estate assets. You will need a TX attorney examine the Will and possibly check out the assets. If Will is not probated, it means nothing. Your present question cannot be answered.

A: If an account specifically names POD beneficiaries, the funds on deposit in that account become the property of the beneficiaries upon the death of the account holder outside of the decedent's probate estate.

The decedent's Will only disposes of assets in the decedent's probate estate. Because the funds on deposit in the account won't become part of the estate as long as the account has a POD, they will not be considered part of the assets that other heirs receive.

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