Legal Question in Wills and Trusts in Alabama

At the death of a relative it was stipulated that all her accounts be put into her estate. There was one account that had a name on it and because the remaining name was the "survivor" they used it for a downpayment for a house. Which will carry more weight, the last wishes of the decedant or the survivorship clause of a bank law?


Asked on 4/22/11, 1:28 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Normally a beneficiary designation trumps a bequest in a will and a survivorship clause such as a "Pay on Death" or a joint ownership also trumps a bequest in a will. If in doubt, contact a lawyer and show her/him the will and the account designation to be completely certain.

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Answered on 4/25/11, 7:18 am


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