QUESTION

I have a will that states the estate will receive any deposit account listed with the middle initial as "J".

Asked on Aug 18th, 2011 on Wills and Probate - North Carolina
More details to this question:
The deposit accounts listed with the middle initial "J" have a beneficiary listed. The beneficiary was put on after the will was written. Who gets the money? The estate or the beneficiary?
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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In most states, like in Oklahoma, the beneficiary would get the money. The beneficiary is sort of like a "runner-up" owner, who gets the crown if the owner dies and is therefore unable to carry out the role of owner. In these cases, title to property trumps (or overrules) a Will. So, if a deposit account has a beneficiary, that beneficiary gets the account rather than anyone named in the Will.No Will has any authority over property that has a beneficiary. The only way a Will controls who inherits property is when a judge orders it because the property was in the deceased's name only and no beneficiary was named or there was no joint owner. If you believe your situation was not the intention of the deceased and can prove it, the only way to resolve things would be to hire a local NC attorney. He or she can help you decide if you have enough evidence to file a lawsuit to straighten it out. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com 
Answered on Sep 08th, 2011 at 12:30 PM

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