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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33757
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother had several annuities and had a beneficiary

Customer Question

My mother had several annuities and had a beneficiary listing with those. She passed before my father and in her will left everything to him. He passed 3 months later. My question is does the annuities belong with the beneficiaries or the estate account.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: MA
JA: What documents or supporting evidence do you have?
Customer: II am the executor of the estate and the woman I spoke to from the annuities told me about the beneficiaries listed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no I was under the assumption her wishes with this was separate from the will
Submitted: 2 months ago.
Category: Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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The annuities that have a specific beneficiary would not be included in her estate and are not controlled by her will. Only assets that were in her name solely, or had no beneficiary in the instrument, would go into her estate.

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Much like life insurance, when there is a named beneficiary in an annuity or something like a 401K or IRA account, that money goes directly to the beneficiary and is not part of the probate estate.

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thanks

Barrister

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