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Your last will does not control the distribution of your life insurance, retirement plans, and trusts—basically, the types of assets that are paid in accordance with beneficiary designation forms, unless your designations of the life insurance proceeds are specifically designed to cause the proceeds to flow through your last will.

If you don't have a will, state law controls who will receive your property. Generally, this means that your property will go to your heirs and spouse (if you have one). Depending on your circumstances, state law would probably require that your property be distributed to the following people:

  • Your spouse
  • Your children
  • Your relatives (parents, siblings, grandparents)

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This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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