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Does the Will Say How Life Insurance is Paid?

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    Part of the video series: Estate Planning

    From Quick Guide: Life Insurance 101

    Summary: Typically, wills are estate planning documents that do not control where life insurance payouts go. Learn about conflicts between will and life insurance policies from an estate planning and probate lawyer in this free video on estate law.

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    By Brad Wiewel
    eHow Presenter

    Brad Wiewel is board certified in estate planning and probate by the Texas Board of Legal Specialization and has been practicing law since 1978. His firm, The Wiewel Law Firm, is...read more

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    Video Transcript

    "Somebody's will typically does not control where their life insurance goes. Life insurance passes by a beneficiary designation. On your group life at work, on a policy you may buy from a life insurance agent or your financial adviser, there's a place to put who you want to get this money after you pass away. That's your beneficiary. You may have a will--heck, you may have a living trust that says who gets your property when you die, how they get it, what percentage they get exactly the way that they're supposed to get it, and when, and if you've got an individual on your life insurance policy, they get it, they get all the life insurance policy, and what you say in your will is irrelevant. So wills do not control where the life insurance money goes unless you name your estate as a beneficiary of your life insurance policy. And some people do that, but that's dangerous as well, because naming your estate as the beneficiary in your life insurance policy may make that policy subject to your creditors--usually life insurance goes to your family without any claims of your debts. Mastercard, Visa, typically can't come get your life insurance. But if it's payable to your estate they may have a fighting chance of doing that. And, you're going to take an asset normally that doesn't go through probate. Life insurance goes directly to your beneficiary, the probate judge does not fool with it, but if you name your estate as the beneficiary, the probate judge will certainly fool with it. It will become part of your probate estate. So, good news about naming your estate is the money will go according to your will, bad news is you may see some other complexities. Go see a qualified lawyer that can help you work through these issues."

    eHow Article: Does the Will Say How Life Insurance is Paid?

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