Can Assets Designated in a Last Will and Testament Be Disbursed Before Death?

Sometimes a family must make financial decisions on behalf of a person in the last years of life. This can mean the sale of assets that might have been disbursed to a specific person as a part of a Last Will and Testament.

So the question that arises: can a specifically-named beneficiary in a Last Will & Testament request the disbursement of assets from an estate prior to the death of the Maker, in an effort to keep that asset from being sold off prior to death?

The short answer: a Will is only effective upon the death of the maker of that document, and has no force or affect while the maker is still living.

However, if a person believes assets are being sold in a specific attempt to circumvent the terms of a Will and wishes to examine the specific situation as a potential future beneficiary, Standard Legal suggests that person find a local attorney to help in the assessment. To find a local attorney for FREE, visit Standard Legal’s Attorney Find page.