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