Legal Question in Wills and Trusts in Arizona
Will
My Mother past away and in her Will she left nothing to my older brother. However he is on an annuity that we're sure she forgot to take him off of. The Will is very specific to not leave him anything, (he owed her money). Does the Will override the annuity? We also have the agreement between he and my mother regarding the money she loaned him that he never repaid. She ''forgave'' this debt in the Will but only because he was not to get anything from her estate. How do we ''take him off'' the annuity if the Will does indeed override it.
Thank you
2 Answers from Attorneys
Re: Will
The will does not override the annuity. If your brother is listed as a beneficiary on the annuity, then the annuity will be paid directly to him.
Re: Will
The will governs assets which do not pass to others by contract or beneficiary designations. I cannot give a proper opinion without examining all documents, but suspect that there is nothing you can do but let the annuity pass to your brother as provided in writing on the annuity contract, which your mother did not change before her death.
For all who read this answer, here is another example where estate planning with an attorney is needed to accomplish properly the flow of inheritance in accordance with the wishes of the client. Do-it-yourself planning has pitfalls.
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