Non Probate Asset Controlled by Beneficiary Designation, Not the Will
Can a court, carrying out the terms of a will, control the disposition of a non-probate asset? A recent federal case explains that non-probate assets are not controlled by the terms of a will, even if the will explicitly attempts to dispose of the asset. Instead, if the non probate asset has a beneficiary designation, that beneficiary designation will control the disposition of the asset.