• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is WILL still applicable?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jimmiee

Junior Member
What is the name of your state (only U.S. law)? Nebraska

My mother had a WILL drawn up many years ago. I was the designated executor or personal representative. Since, my mother has sold some assets and now wants to divide her bank account savings with stipulated POD to others not originally mentioned in the WILL. She wants to designate her car to someone also not mentioned in the original WILL. With her changed desires, does the WILL still remain in affect regardless? She has not shown interest in modifying or cancelling the WILL as I have recommended.
Jimmiee
 


ShyCat

Senior Member
A will only controls the distribution of assets that do not include a beneficiary designation. A POD designation on a bank account will mean that account belongs to the named beneficiary upon your mother's death. The will is irrelevent for POD accounts. I don't know if her state allows a POD designation on car titles. If not, she will need to update her will (unless her intended beneficiary is named on the car's title as a co-owner).
 

anteater

Senior Member
Yes, the will remains valid.

However, an assets with designated beneficiaries (like a POD account) or are owned jointly with right of survivorship transfer directly to the beneficiary or surviving joint owner. What the will may say about such assets does not matter.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top