Sunday, September 7, 2014
I'm back!
Hello all. Sorry that I haven't posted anything for the last week or so, but I've been out of the province taking care of family stuff. I hope you all took the opportunity to read back through older posts. I see that you've left me several dozen comments to work on, so hopefully you'll see your question answered soon.
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My mother named me as the beneficiarie of her TFSA. All other assets were to be divided equally between my brother, the executor of her will, and myself. My brother has informed me that the bank will send me a cheque for those funds and he will deduct that amount from my share of the final distribution of the estate. I questioned if the TFSA should be included in the estate or set aside as a separate entity unrelated to it. Any insight?
ReplyDeleteAs a general rule, any financial instrument that directly names a beneficiary, such as this TFSA, is not covered by the will. The will only covers assets that are in the estate, and the TFSA never goes into the estate. Therefore, unless the will specifically says the TFSA is to be included (which isn't impossible but its unlikely), then the amount of the TFSA should not be deducted from your share of the estate. Your brother isn't going to like it, but that's what happens when beneficiaries are also executors.
DeleteLynne