Executing a Will

[ralphmorgan]

This is for the state of Georgia.

I have a generic question. A lady passes away. She has a will. In the will it states "I hereby give, devise and bequeath unto, John Doe, Jane Doe and Edna Doe, all monies in my checking and saving accounts, annuities and CDs to be divided equally between them.

The question is: Are annuities (which have beneficiaries listed on the account) subject to any provisions of the will?

Second question: If the annuities are outside the will and if one of the beneficiaries predeceased the owner of the will, does that part go to the decendants of the beneficiary that is deceased, go the the remaining two listed beneficiaries or what?

Thanks for your advise.

Ralph

 

[Dandy Don]

No, they are not. Annuities would only be subject to provisions of the will if the annuity owner did not name any beneficiaries separately on a beneficiary designation form at the time it was purchased.

Each of the assets you mentioned normally has beneficiaries designated separately outside the will--have you checked with the bank to see if that is the case on the accounts and the CD's?

Did the predeceased beneficiary have a last will and testament that was probated in court? If so, then you need to inform the executor of the predeceased beneficiary's estate about this matter so he/she can do the legal research on it, or post your question to another free advice website called www.lawguru.com, since a Georgia attorney may not be reading this message board.

DANDY DON IN OKLAHOMA ([email protected])

 

[ralphmorgan]

Excuting a Will

Thank you Dandy Don. I was 99 percent sure but needed someone to verify it.