Will supersede dual names on accounts?

What is the name of your state? GA

Elderly woman living in GA with daughter A.
Daughter’s name is on bank account and Certificates of Deposits along with Mothers,
Mothers WILL says all assets are to be split equally between my 4 children.

Does this mean that when Mom goes Daughter A can go to bank and withdraw assets as hers, or does the WILL supersede the dual names on Bank accounts?

THANKS.
Please don't say "check with the bank" as the bank has not been able to provide any substantial concrete guidance in this estate question.

jmmahr said:

What is the name of your state? GA

Elderly woman living in GA with daughter A.
Daughter’s name is on bank account and Certificates of Deposits along with Mothers,
Mothers WILL says all assets are to be split equally between my 4 children.

Does this mean that when Mom goes Daughter A can go to bank and withdraw assets as hers, or does the WILL supersede the dual names on Bank accounts?

THANKS.
Please don't say "check with the bank" as the bank has not been able to provide any substantial concrete guidance in this estate question.

Click to expand...

It is all dependent on HOW the accounts are titled. It makes a difference if the accounts are with 'right of survivorship', in which case the accounts pass outside of probate and, therefore, not controlled by the terms of the will. If the accounts are 'tenants in common', then they are probate assests, generally. Also, you need to look to the GA statutes for some guidance; for example, next door in FL there is a statutory presumption that all accounts with 2 or more names on the title are with 'right of survivorship' unless it can be plainly determined that said accounts are not, i.e., ten in comm

Normally the beneficiary designations DO supercede what the will says.

If mother put daughter's name on the bank account and the CD's, then that is her intent and she is free to do so. Does this daughter also have power of attorney? If mother is under the mistaken impression that putting daughter on the account and CD's with the intent of trusting her as executor to put them into the estate, then that is an incorrect assumption and she needs to take daughter's name off so that all assets will go into the estate, OR put all the other siblings names on assets as co-beneficiaries.