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RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 13508
Experience:  Experienced in multiple areas of the law.
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My sister passed away she had a living trust she had me and

Customer Question

My sister passed away she had a living trust she had me and my sister as the appointment beneficiary but she did not have me on her pension plan as a beneficiary only my sister the living trust State. Call her financial and personal belongings should be 50/50 the pension plan only has my sister's name as a beneficiary but the Living Trust has both our names as 50/50 to all her State everything she owned
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
She had my sisters name first and then mine as the trustees my sister says she could do whatever she wants that I have no face No is that true or not meant to say on her pension plan as a beneficiary she only at my sisters name but I'm the living trust she mentioned her home her pension plan insurance and everything that belonged to her that my sister and I would be the trustees but my sister says she has full control I have no say so when anything should be distribute or not this is added to my question that I first asked you Thanks
Customer: replied 1 year ago.
Sorry I didn't come out right my sister and I were named trustees but my sisters name is ***** ***** says she can do whatever she wants the pension plan only have my sisters name as beneficiary but the living trust State that anything that my sister had in the bank or life insurance or pension plan would be divided 50/50 between me and my sister how do I get my 50
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you. My condolences on your loss.

Unfortunately, your sister is legally correct regarding the pension plan. Wills and trusts control assets that are not otherwise controlled by operation of law. Bascially, a beneficiary designation, whether it is payable on death with a bank, or life insurance, retirement plans, annuities, etc. trumps any provision in a will or trust. In other words, if an account, insurance policy, etc. names someone as a beneficiary, that will control, regardless of what her trust says.

Perhaps your sister got some bad advice about this, or didn't realize this at the time, but if she wanted the trust to control distribution of the pension plan, then the trust should have been made the designated beneficiary. Because your sister was left as the only beneficiary, she is entitled to the full proceeds.

I am sorry that I don't have better news for you, but it would be unfair to you, and unprofessional of me, to tell you less than the truth. If you need clarification or additional information about this matter, please reply, and I'll be happy to assist you further. Otherwise, please kindly remember to leave me a positive rating (3-5 stars) before signing out, as that is the only way I am compensated for my time and expertise, even if you paid a deposit to the site. Thank you.

Expert:  RobertJDFL replied 1 year ago.

If you do not have any further questions about this matter, please remember to leave me a positive rating (3-5 stars) as that is the only way experts on this site are compensated for our time and expertise, even if you have paid a deposit to the site. Thank you.

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