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Aunt died leaving me as sole beneficiary but also has will

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acuraman2000

Junior Member
What is the name of your state (only U.S. law)? Florida

My aunt recently died leaving me as sole beneficiary to the financial accounts in her bank. I went to the bank and they said basically i could withdraw all the money at that time.
In addition, I am the executor of the will. The will leaves set amounts of 40k to three people in the will. Two are family members. One is a friend she had.
The rest of those listed are designated as to receive percentages of the monies left over.
My question is, as sole beneficiary and have claim to the monies in her bank account which the bank says I am according to their records. Does the money she have in her accounts have to be used to pay out the listed parties in the will? or is that seperate from her estate. or considered as such. The house was also left to me solely. There are no other monies specified in the will. Do i have to use that money to pay out on those listed in the will?

acuraman
 
Last edited:


justalayman

Senior Member
if the accounts have a designated beneficiary ( a pay on death (POD) or transfer on death (TOD) account), that money is not controlled by the will. It belongs to the named beneficiary and the bene has no restrictions on how they can use that money. It is theirs.

A will can only direct the disbursal of funds available. If there is no money to give as the will directs, then there is no money to give.
 

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