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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55132
Experience:  29 years of experience practicing law, including tax and estate planning.
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A person is listed as the Beneficiary on Annuities and Life

Customer Question

A person is listed as the Beneficiary on Annuities and Life Insurance accounts! Can the person file the "claim" to be paid? Or does it still have to go thru Probate? After my uncle's death I am finding diff. accounts that are not listed on the Estate report! I am not able to get any onfo from the Trustee handling the Estate!
Submitted: 10 months ago.
Category: Estate Law
Expert:  Richard replied 10 months ago.

Good morning Albert. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

Yes, you can o this directly. Certain assets pass outside probate and thus are not governed by the will and thus do not require probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. The accounts you reference fall within the foregoing type assets and thus do not require probate.

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