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?
1 Answer from Attorneys
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.