Legal Question in Wills and Trusts in California
Trust funds, part of will
If a will states that assets are to be divided equally among four beneficiaries, does this include a trust fund or a retirement fund that was left solely to one beneficiary?
Asked on 1/29/04, 11:59 pm
2 Answers from Attorneys
Mina Sirkin
Sirkin & Sirkin
Re: Trust funds, part of will
No. The will can have different beneficiaries. The pension, or retirement fund will pass only to the person(s) who are named beneficiary on the pension document.
Answered on 1/30/04, 12:10 am
Scott Schomer
Schomer Law Group
Re: Trust funds, part of will
Not unless the beneficiaries under the trust or retirement fund is the estate of the dead person. Otherwise, these assets are not part of the probate estate and usually not subject to the terms of the will.
Answered on 1/30/04, 2:53 pm
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