Q: In a contempo column, you said brood don’t accede debt, so that my kids can’t be accountable for my acclaim agenda or medical debt afterwards I die. Can the activity allowance gain paid afterwards my afterlife be taken to accord my debts?
My babe is the almsman of my activity allowance policy, and I’d like to be abiding she keeps that money. Will authoritative her abettor of my will change anything?
A: No. Activity allowance gain are not allotment of your estate. They go anon to the beneficiary, and are their property. Your babe can do whatever she wants with the proceeds.
She can pay off your debts if she wants, but cipher can accomplish her. That’s accurate alike if your will said she should use the allowance gain to pay your debts. That wouldn’t change the actuality the gain paid to her are her property.
That’s because a will alone controls acreage in your estate. The allowance gain paid to your babe are her property, and not allotment of your estate, so whatever a will ability say about them is artlessly unenforceable.
If you capital allowance gain to pay your debts, you could accomplish your acreage the almsman of the policy.
This illustrates how acceptable acreage planning is generally about befitting acreage out of your estate. Activity allowance gain are
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