Prior to my brothers passing, of a known terminal illness, at the insistence of his wife, he added her as POD on all of his bank accounts, to assure she would have immediate access to funds to cover expenses, after his death. Subsequently they both committed their assets to a revocable trust. In the trust my brothers were listed separately, including the accounts with the POD designation to his wife. The Trust provides that all assets of the survivor will be placed in "Trust A", and all assets of the deceased will be placed in "Trust B", and that "Trust B" cannot be changed or amended. Which document trumps the other, the POD designation in the bank accounts, or the Trust which was the last document executed?
The trust and POD designations are inconsistent.
General rule is that the POD designation controls.
However, because of inconsistency, argument can be made that accounts are trust assets.
You may file petition for instructions with probate court for determination.
Much more case specific facts and information needed to opine on how court would decide.
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