Is it true that a Will or Trust will not override what is named in the beneficiary on assets?

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Is it true that a Will or Trust will not override what is named in the beneficiary on assets?

I have 2 brothers. My mother, who is in a nursing home, had given my older brother power of attorney and was named executor. Her wishes are that everything be split evenly 3 ways upon her death. My older brother assured me that we were all listed equally as beneficiaries on everything. While in town in 2010, I reviewed the annuities and found that he was often listed as the beneficiary, or only two children were listed on some of them. My mother insisted that he redo the beneficiaries and then named me co-executor. I am not sure if they were redone.

Asked on March 6, 2014 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the beneficiaries that you are writing about are on insurance policies and bank accounts then under the laws of all states in this country the terms of those instruments control over what is stated in a Will or trust. I suggest that you consult with a Wills and trust attorney to assist you in your matter.


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