My parents are listed as the beneficiaries on my life insurance and 401(k), but my new husband is listed as the beneficiary of my will. If I die, will my husband receive the proceeds of my life insurance and 401(k) through my will?

No. Your parents will receive the proceeds of the life insurance and the 401(k). Your will controls the distribution of your probate assets, which are those assets that do not have a designated beneficiary, such as your house.

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Does a trust have to go through probate?

No. One of the advantages of a trust over a will is that a trust does not have to go through probate before assets are distributed to beneficiaries. A trust is usually more expensive and complicated to set up than a will; on the other hand, it can take anywhere from 6 to 18 months (or longer) for a will to go through the probate process.

Mike Toburen - Attorney at Law   

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Attorney Mike Toburen

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