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What overrides a will?

Updated: 9/13/2023
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15y ago

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I assume this question refers to transferring a decedent's property to someone other than the person named in the will. Remember that a will transfers property owned by the decedent alone. Essentially, the only thing that "overrides" the will is jointly owned property and even that does not always do it. If a will gives all of a decent's property to say 2 children, but the decedent's money was in a joint bank account with only 1 of the children, then the money in that account belongs to the joint owner. There are exceptions though. If that money is needed to pay the decedent's debts, then it can be recovered by the estate in an amount equal to the unpaid debt. Another exception is if it can be proved that all the money in the account belonged to the decedent and that the account was set up as a joint account solely for purposes of having the joint owner take care of paying the decedent's bills and if the decedent did not intend for the joint owner to get that money alone, then the account is a "convenience account" and may be recovered by the estate. So in those 2 instances a joint bank account will not override the will.

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