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Does a Beneficiary Designation Override a Will? (The Dangerous DIY Estate Planning Trap)
Quick Answer: Yes, a beneficiary designation will always trump your Last Will and Testament. If you name someone as a Payable on Death (POD) beneficiary on an account or transfer a property to them via deed, they own that asset instantly upon your passing. They have absolutely zero legal obligation to follow the instructions written in your will. It is entirely understandable to want to save money, avoid the probate process, and simplify things for your family. Many parents t

atCause Law Office
Jun 23 min read


Beneficiary vs. Will: Which One Wins? (Why Your Estate Plan Might Fail)
When planning your estate, most people assume their Last Will and Testament is the ultimate authority on who inherits their assets. You might believe that if you write in your Will that your assets should be split evenly among your children, that is exactly what will happen. However, there is a specific legal designation that outweighs your Will. If you do not understand the hierarchy of estate planning assets, your written instructions could end up being useless. Does a Wil

atCause Law Office
Jan 123 min read


Living Trust vs. Beneficiary Designations: Why Just Using POD or Beneficiary Forms Can Be a Huge (and Expensive) Mistake
One of the questions we're asked almost every week by new clients is: “Do I really need a living trust, or is it fine to just put my kids (or whoever) as beneficiaries/POD on my bank and retirement accounts?” It sounds like a simple shortcut. After all, both methods avoid probate. But in practice, relying only on beneficiary designations (also called TOD for stocks or POD for bank accounts) is one of the most common and costly estate-planning mistakes I see. Here’s the plain-

Ashly Guernaccini
Nov 28, 20254 min read
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