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My parents' will states that all assets are to be split

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equally among their five children after...
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. "
Submitted: 2 years ago.Category: Estate Law
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2/25/2016
Estate Lawyer: J. Warren, Attorney replied 2 years ago
J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2,250
Experience: Experience in estate planning including wills, trusts and succession planning.
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Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

A Last Will and Testament only distributes assets that are subject to probate. Assets that are held payable on death, jointly, in trust or in any other means transfers by operation of law after death are not subject to probate and therefore are not controlled by the provisions of a Last Will and Testament.

All my best and encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated “ok” (3 stars) or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

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Estate Lawyer: J. Warren, Attorney replied 2 years ago

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Estate Lawyer: J. Warren, Attorney replied 2 years ago

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Category: Estate Law
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Experience: Experience in estate planning including wills, trusts and succession planning.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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