Legal Question in Wills and Trusts in Texas
When a mother has a will, and some of her bank accounts have benificiary have someone else on this said account but in her will she puts three people to separate her money three ways, which hold up. Does the people on the will get all the money accounts or does the one who is on the account as benificary get the money..
1 Answer from Attorneys
The beneficiary designated on the account should receive the account property without any deference to the Will. We call assets like these accounts "non-probate," because they pass to their intended beneficiaries simply by operation of the account agreement and beneficiary designation. Provisions in a Will do not override this.
You may, however, have at least some basis for challenging the beneficiary designation, with more facts. You should learn when the Will was written and when the beneficiary designation was made. There may be facts supporting a challenge based on undue influence, fraud, mistake, or any of several other legal grounds.
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