Estate Plans Can Change
Joe and Darlene are a married couple who decided to divide their estate property equally between their three children. They wanted their house to go to daughter, Mindy, who loved it. And the rest of their estate plans included equal division of assets between sons Dennis and Eddie.
At their request, Joe and Darlene’s estate attorney drafted a will distributing the modest remainder to the sons. Then, the attorney filed a beneficiary deed leaving the house to Mindy. A beneficiary deed (or transfer-on-death deed) efficiently assigns real estate to heirs without the traditional associated expense and hassle of protracted probate proceedings.
When Estate Plans Change
Years later, Joe died. Then, later, Darlene was diagnosed with leukemia. She had forgotten about the plan that she and Joe and their attorney had prepared. So, she wrote a will leaving her property equally to the three kids.
After Darlene died, the children discovered the conflict between the old beneficiary deed and the new handwritten will. The will was legally binding but, because beneficiary deeds take precedence, Mindy ended 
up getting more than her parents had intended. She ended up with the house through the beneficiary deed and then an additional one-third of the remaining property, through the will. This was not Joe and Darlene’s intentions. They both wanted to gift their assets equally among their children. The inequity strained the relationship between the siblings.
Fluidity of Estate Plans
Your estate plan is not a time capsule, preserving relics for future discovery. Be sure to talk to an estate attorney to update your plan to make sure it will accommodate life changes, such as illness or other change in circumstances. Please feel free to contact Skvarna Law Firm (909) 608-7671– we would be happy to help.
About Skvarna Law Firm: Estate Planning, Elder Law, Probate, Trusts, and Wills
Skvarna Law Firm operates offices in Glendora and Upland, California and provides legal services for individuals living in San Bernardino, Los Angeles, Orange and Riverside Counties. This includes the cities of Upland, Ontario, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Montclair, Pomona, La Verne, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma. Visit SkvarnaLaw.com to learn more.
