Legal Question in Wills and Trusts in Maryland

If I list all my children in my will as beneficiaries and only one as a beneficiary on a bank account, which document prevails?


Asked on 1/04/17, 5:44 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Title trumps the Will. So if by title only one person gets certain property, they become sole owner, regardless of any contrary instructions in a Will.

A Will can only dispose of whatever assets one dies owning. If the assets are given away already by some other means (say by naming a payable on death beneficiary to a bank account or titling an asset as joint owners with right of survivorship) then those assets aren't a part of the estate going through the will.

Other legal doctrines may change how the law applies to a particular situation. In some cases, concepts like a constructive trust can override title. While not legal advice or a substitute for sitting down with an estate attorney I hope that the general information in this post helps.

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Answered on 1/04/17, 6:50 am


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