Legal Question in Wills and Trusts in California

I am executor of my grandmother's will .. I am also the beneficiary on my grandmother's checking and savings account (she made me this AFTER she had written the will). She has recently passed away .. Her will is 10 yrs old, but it states that she wants me to use her money to cremate her and then distribute the remaining money to her heirs. My friend's dad told me that I don't need to legally give the other heirs any money from the checking and savings as I am the beneficiary and this supersedes the will. I just want to make sure that I am acting legally and will not have to deal with any ramifications down the line if I choose to keep the money (as I believe my grandmother intended), but never changed her will to reflect her change of heart.

Asked on 11/18/13, 3:09 pm

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

Your friend's dad is correct.

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Answered on 11/18/13, 3:14 pm
Kelvin Green The Law Office of Kelvin Green

The beneficiary rules and ownership rules soup recede the trust. You may have to balance that with other family members so just remember what is legal still could cause you family problems that you may want to avoid. Especially if amount is great enough that they could mount a legal challenge.

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Answered on 11/18/13, 5:19 pm


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