Legal Question in Wills and Trusts in California
Assets not included in trust?
Mom died 2001, Dad 2005. I was contingency beneficiary on both Trust and will while mom was alive. Dad disinherited me from the trust and his will. I was mom's onlly child. Pour-over assets in in probate. If I am still on insurance policies as contingency does his will overide. Moms will was never probated and destroyed by dad. Am I entitled to 1/2 of moms share of community bank accounts if her name is still on them?
1 Answer from Attorneys
Re: Assets not included in trust?
life insurance beneficiary designations are not affected by wills or trusts. if you are a designated beneficiary, the proceeds should be paid to you.
the community property bank account would have become the property of your dad at the death of your mother. at his death it would pass according to his will (if it wasn't in the name of him as trustee).
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