Legal Question in Wills and Trusts in Indiana

Does Will with given beneficaries override beneficaries in on an Annuity

My Mother recently passed and my father has passed away within the last 14 months. A Will has been in existence for quit some time along with a trust.

There are 8 children, 7 surviving. One daughter passed away 14 months ago also (2 days before dad died). The will and the trust says that the surviving children share equally, along with the children of any deceased direct desendent of Mom and Dad to share what portion the direct desendent would share (1/8).

Since my sister's death, one Annuity had the benecifaries name changed to remove the deceased sister and instead put the husband name on.

Which document stands, the Will or the Annuity?

Also, distributions from the trust were made to the husband of the deceased sister, when in fact the trust states the money was to be given to the deceased sister's children. What can be done about this?

Thanks for your help!


Asked on 9/16/02, 11:11 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Does Will with given beneficaries override beneficaries in on an Annuity

The beneficiaries named on the annuity control over the will and trust (unless the beneficiary of the annuity is the trust). Depending upon whether the trust was created by the will or was an intervivos trust into which the assets controlled by the will poured over, you may need to petition the probate judge to interpret the two documents together and/or seek repayment of monies paid to a spouse rather than to children (unless the monies were paid for the sister's final expenses and the same is authorized in the trust). If you do not have your own attorney and the attorney for the estate does not seem willing to sit down with you and explain the situation, it is time to hire your own lawyer to explore this situation.

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Answered on 9/17/02, 9:23 am


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