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Transfer Assets

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“Have assets in joint accounts? Your will can’t transfer them.”

Just because you have a will doesn’t mean your work is done. A jointly held account, for instance a bank account, passes by title, not will. If, for example, you and your spouse have a joint savings account, it will pass to the surviving spouse. That happens, not because your will says you want everything to go to your spouse, but because that’s how the account is titled. That’s a simple example, and one where things happened to turn out okay. But, let’s look at another case:



Document Don't #2 - Incorrectly titled account
1978-1980
Frank and Marie have three children… Zack, Zoe, and Sondra.
2002
Zoe graduates from college and joins the family business. Frank opens a bank account in his and Zoe’s names.
2003
Frank and Marie write a will, leaving everything to each other. At the death of the second spouse, they specify that everything is to be divided equally between Zack, Zoe, and Sondra.
2004
Frank and Marie are killed in a car crash. The substantial assets held in Frank and Zoe’s bank account transfer to Zoe alone because the account title, not the will, prevails.

Understand how jointly held assets transfer in your state (either by rules of ‘tenants in common,’ or ‘joint tenants with rights of survivorship.’)

Periodically review and update titles to ensure they’re in keeping with your wishes.

Beneficiary designations
Titles
Wills
Durable power of attorney


© 2008 ING North America Insurance Corporation. All rights reserved.
Advisory services provided through ING Financial Advisers, LLC (member SIPC).
This information is not intended to be tax or legal advice. ING does not offer tax or legal advice. Consult your own legal or tax advisor regarding your specific situation.
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