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.

What Happens If My Boyfriend/Girlfriend Dies Without a Will?

My boyfriend and I were together for more than 10 years, but we never married. He recently died without a will, and he never listed me as beneficiary on his life insurance and 401(k). Do I have a right to inherit a portion of his estate?

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.

What is probate, and why does everyone think probate should be avoided like the plague?

Probate is the process used to ask a judge (usually a probate court judge) to approve a decedent’s will so the instructions in the will can be acted upon.