Legal Question in Wills and Trusts in California

Annuity accts are listed in living trust but the annunity acct themselves still have the beneficiaries listed. As the trustee, can I enforce the trust and force the recipient on annunity to turn over his part of the cash he received? He's getting the house, mortgage free instead of the cash. Our mother didn't change the contract with the annuity co. and they will not honor her living trust which was created after the annuities. Hes holding the money hostage, trying to get me to change what our mother stated in her trust.


Asked on 5/15/12, 2:12 am

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

You would have to file a petition with the court and argue that the settlor intended to change the beneficiary designations on the annuities to the trust but for good reason never did. Unless you have evidence like a written instruction to the annuity company requesting beneficiary designation forms, it is a difficult argument to make. Without the court order, the annuity company has to follow what the beneficiary designation says.

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Answered on 5/15/12, 8:54 am


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