Legal Question in Wills and Trusts in Colorado
My Mother passed away leaving all assets $500K by way of POD and TOD to me. In the Will my Brother is named a 50/50 Beneficiary with me. She also has a trust but the trust was never funded because she ended up selling her house shortly after creating the Trust. The proceeds of the house were put into a Bank Acct where she named me POD. In the Trust my Brother and I are 50/50 Beneficiaries. Will my Brother be entitled to any of the $500K in Assets?
1 Answer from Attorneys
Generally, the beneficiary designations will control and take precedence over the terms of the Will. However, this is not always the case and the reason that you should consider consulting with an attorney who specializes in estate administration.
Your brother has the right to pursue a claim against the estate to claim that the beneficiary designations were not your Mother's actual testamentary intentions. If this claim succeeded, the Court could order the assets subject to the designations returned to the estate.
Since these can be complex issues, you should consult with a specialist.
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