Legal Question in Wills and Trusts in Virginia

Mother's will vs. Brokerage

Mom's will says assets to be divided among all children-brother (exect.)says control of investment account was given to him alone.All assets are in the inv.Account!

Brother says he was called by investment broker and notified of this saying it supercides will!

Is this legal?


Asked on 12/22/07, 2:20 pm

2 Answers from Attorneys

Glenn Brown Real World Law, P.C.

Re: Mother's will vs. Brokerage

If any bank or brokerage account indicates that it is payable on death to another party then that designation controls over the will.

So it depends on what the documents actually say that were given to the broker.

If we can help let us know.

Good luck to you.

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Answered on 12/23/07, 10:03 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Mother's will vs. Brokerage

I agree with Glenn that the account registratyion controls ownership. This does not mean that questions cannot be raised by the other children, such as competency of Mom when she registered account, possible undue influence exerted on Mom by child named, and possibly more. You need to see the account registration forms that Mom signed and make the determinations as of the date this was done. You should also compare the dates of the registration and the Will, as this might open a question of whether Mom only intended the registration to be an "accomodation" in the event she became subsequently incapacitated, or even intended a constructive trust. An estate specialist should be consulted once all facts are known.

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Answered on 12/23/07, 10:52 pm


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