Estate Law Questions? Ask an Estate Lawyer.
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When you say that the account was not POD prior to my sisters death, do you mean that: because it wasn't distributed before my sisters death we have to file an affidavit?
There is a general provision in my fathers will which states the following:
"For the purpose of construing the provisions of this Will, I direct that any beneficiary shall not be deemed to have survived me if such beneficiary dies at the same time I do or within ninety days after my death, and this Will shall take effect and my property be distributed as though such beneficiary had predeceased me." Does this provision mean nothing or is there a law which takes precedence over my fathers wishes?
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