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