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Will vs. Survivorship

On Lawyer & Legal » Wills & Trusts

1,571 words with 4 Comments; publish: Tue, 22 Dec 2009 08:38:00 GMT; (800105.47, « »)

The state is: ?

virginia

MY MOTHER DIED WITH A WILL IN JAN 8. THREE MONTHS PRIOR TO HER DEATH, SHE GAVE MY THREE SIBLINGS SURVIVORSHIP TO HER BANK ACCOUNT AND NOT INCLUDE ME. THE WILL FROM 1991 STATES THAT ALL HER ASSETS BE SHARED EQUALLY AMONG THE FOUR OF US. WHICH SHOULD BE HONORED, THE WILL OR SURVIVORSHIP?The state is: ? VIRGINIAThe state is: ?

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  • 4 Comments
    • Unless it is a very large bank account, the legal fees will far exceed anything you might receive.
      #1; Tue, 22 Dec 2009 12:30:00 GMT
    • Please do not type in all caps.

      If she added them as joint owners with right of survivorship (or, for that matter, made them designated beneficiaries), the form of ownership or beneficiary designation takes precedence over the will's provisions.

      Your only recourse would be to petition the probate court to bring the funds into the probate estate on the grounds that she was not legally competent to take that action, that she was coerced into doing it, or really did not understand the implications and did not intend to do so.

      A difficult argument to make successfully, but not impossible depending upon what evidence you can muster. You best retain an attorney if you want to try it.

      #2; Tue, 22 Dec 2009 10:53:00 GMT
    • 1991 was a long time ago, and her wishes may have changed. She chose to add all three siblings onto the account, thereby bypassing the will for this account. Why do you believe that her recent actions did not reflect her current intent?
      #3; Tue, 22 Dec 2009 13:11:00 GMT
    • Are there other assets in the estate besides the bank account?
      #4; Tue, 22 Dec 2009 12:48:00 GMT