My parents' will states that all assets are to be split equally among their
five children after both have died (see below). My Dad died two years ago.
My Mom has some bank and investment accounts that are "in trust with" either me or
my sister. My Mom wishes that ALL of the assets in these accounts go to me or my sister
after she dies and NOT split equally among the five children. Indeed, it's my
understanding that "A in trust with B" means that B gets ownership of the account after A dies.
So there's a contradiction here. What takes precedence? The provision in the will
or the "in trust with" stipulation on the bank and investment accounts?
The exact language in the will is:
"Should my husband predecease me, ...
I give, devise and bequeath all the rest, residue and remainder of my Estate
be the same real, personal or mixed, of whatsoever name or nature and wheresoever
situate, unto my children, [ five children specifically named ], in equal share,
share and share alike, or to their issue, if any, per stirpes. "