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Old 12-18-2006, 11:22 PM
Harry
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Default Re: Question on transfer on death plan for my non-retirement assets under vanguard


<emailforian[at]gmail.com> wrote in message
news:1166464694.528036.71410[at]t46g2000cwa.googlegroups.com...
- quote -

> david wrote:
> > I just bought qucken willmaker to set up a will and living trust. will
> > transfer on death plan be redundant if i already have a will and
> > living trust? TIA
> > > david

> No. Your transfer on death designation will override any provisions in
> your will or trust, and it is your will or trust that is redundant.
> Thus, once you designate a beneficiary on your account (and this
> applies to any type of account, bank, brokerage, etc), the proceeds
> pass to your designated beneficiary per the agreement with the account
> holder, regardless of the terms of your will or any other trust you may
> have.


It's important to note that state law dictates if a POD is even valid and
how it is recognized. That is why it is advisable to have the assistance of
an attorney when creating such plans. Such blanket statements may be true in
your state but not all...

H

 
Old 12-18-2006, 08:11 PM
Tad Borek
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Posts: n/a
Default Re: Question on transfer on death plan for my non-retirement assetsunder vanguard

emailforian[at]gmail.com wrote:
- quote -

> > I just bought qucken willmaker to set up a will and living trust. will
> > transfer on death plan be redundant if i already have a will and
> > living trust? TIA
> > No. Your transfer on death designation will override any provisions in

> your will or trust.


This is basically correct but just wanted to add that any discrepancies
between a will and a POD designation could lead to litigation over what
your intent was. The POD designation governs, but that doesn't stop a
potential heir from trying to prove otherwise. The point is that it's
very important that your beneficiary/POD designations be reviewed as
part of estate planning, to avoid conflicts with the will.

It can get complicated too - you can imagine scenarios where a POD or
IRA sends cash to a beneficiary and it results in an unfair outcome for
those who receive under the will.

-Tad

  #-1  
Old 12-18-2006, 05:01 PM
emailforian@gmail.com
Guest
 
Posts: n/a
Default Re: Question on transfer on death plan for my non-retirement assets under vanguard


david wrote:
- quote -

> I just bought qucken willmaker to set up a will and living trust. will
> transfer on death plan be redundant if i already have a will and
> living trust? TIA
> david


No. Your transfer on death designation will override any provisions in
your will or trust, and it is your will or trust that is redundant.
Thus, once you designate a beneficiary on your account (and this
applies to any type of account, bank, brokerage, etc), the proceeds
pass to your designated beneficiary per the agreement with the account
holder, regardless of the terms of your will or any other trust you may
have.

 

Tags
assets, death, nonretirement, plan, question, transfer, vanguard
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