Legal Question in Wills and Trusts in Georgia

What does a Probated Will Supersede when it comes to checking savings accounts when the Will explicitly states to "divide it equally, share and share alike"?


Asked on 7/11/11, 4:03 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your question makes no sense whatsoever. Wills don't supercede bank accounts. I suspect you are asking, but I'm guessing, what happens when there is a will out there and there also is a joint bank account. In that case, the joint bank account automatically belongs to the survivor and is NOT part of the probate and will and is NOT divided.

If that is not what you meant to ask, post again.

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Answered on 7/11/11, 4:24 am

The will only governs probate assets. Checking accounts are non-probate assets. A will does not "supersede" a joint checking account. The rule is that the assets in a joint checking account pass to the survivor.

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Answered on 7/11/11, 12:04 pm


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