Having a WILL is not the end-all.  I hear all the time that “I need a WILL”.  Yes, in most cases, that is true.  However, much of what you own may fall outside your WILL.  In other words, many of the assets you have right now are not controlled by the existence of a WILL.  These assets will be distributed to heirs as provided through other means including a DEED or BENEFICIARY DESIGNATION.

Here is a list of 5 common assets generally not controlled by your WILL:

1. Jointly-Owned Real Estate

2. Life Insurance

3. 401Ks, IRAs, Retirement Accounts

4. Jointly-Owned Businesses

5. Investment Accounts

Most people own any or all of the above.  Estate Planning is a lot more than just cranking out a WILL and calling it a day.  A good estate planning attorney helps you strategize your whole estate including assets/property not distributed by a WILL and making sur that it all makes sense to you.

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No.  The beneficiary named in your TODD has no rights to your real estate whatsoever during your lifetime.  The beneficiary cannot transfer, mortgage or pledge an interest in your real estate as long as you are alive. 

Any attempt by the beneficiary to use your real estate as collateral is illegal as well.  Why?  Because the beneficiary has no rights until after you pass away.  You still could sell the real estate during your lifetime.  You still could revoke the TODD during your lifetime.  You still could designate a different or additional beneficiary to your TODD during your lifetime.  You maintain complete control over the beneficiaries!

For more information, see Minn. Stat. § 507.071.

By the way, when will the Cubs finally win the World Series?  I’m thinking about 2058.  Just another 5 decades or so!

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