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My mom died and only put my sister's name pn her pension.

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She then did a will...
My mom died and only put my sister's name pn her pension. She then did a will about how the pension should be divided, but mu sister has kept 50% of the money for herself, in violation of the Will. Can she do that?
Submitted: 2 years ago.Category: Estate Law
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2/19/2016
Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 103,582
Experience: Fully licensed attorney in Texas in private practice.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your loss. I am sorry to say that yes, she can do this.

This is because money from a pension plan (401k, IRA, etc) is outside of probate and is not subject to probate. The designated beneficiary of the pension CONTROLS and if the Will is different, then the Will is overridden when it comes to the pension.

In other word, whatever was written in the Will does not matter when it comes to the pension - the proper beneficiary is that which is listed in the pension plan record, only.

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Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
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