2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Tuesday, March 14, 2023

Joint Assets or POD do not pass under a Will

    Joint Assets or POD do not pass under a Will

Please also remember that if you have assets such as bank accounts in joint names, or bank accounts payable upon death, these go directly to the beneficiary. If you have selected direct beneficiaries on any of your assets these pass outside your Will, including POD accounts or joint accounts. Your Will cannot change who the beneficiary is on a joint account, payable upon death accounts, or other assets such as Life Insurance policies. You would have to go directly to the bank or company where the assets are held and either direct that they change the beneficiary or not list any beneficiary at all other than your Estate.

A house owned by Husband & Wife will go to the surviving spouse, unless the Deed states otherwise.

    If you have minor children, you should Not name children as direct beneficiary on life insurance and accounts. They would receive those assets without supervision at age 18. Instead, make the beneficiary “MY ESTATE”, so a Trustee can supervise where children’s money is spent.