Legal Question in Wills and Trusts in California

My brother and I are listed in my dad's will as being entitled equally to my dad's residue in his estate. His companion has been given all tangible personal property in the will.

My father has set up trust funds (CD's at the bank) with designated beneficiaries that are not mentioned in the will. Are those individuals entitled to their distribution upon his death, or do all the trust funds (residue?) go equally to my brother and me automatically, regardless of who else is mentioned as beneficiaries on those accounts?

Thank you.


Asked on 4/25/12, 8:46 pm

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

A valid beneficiary designation supersedes any distribution provisions in a Will. The funds in the CDs are not subject to the terms of the Will since a beneficiary was designated.

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Answered on 4/26/12, 9:51 am


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