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Challenge to the beneficiary on a bank account

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webdjoe

Junior Member
This involves New York state law

A will is successfully contested by an heir due to the deceased ability to understand enough English to successfully execute a legal document.

Lets say their are separate bank accounts set up by the deceased with beneficiaries.

Can the beneficiary designations on the bank account be successfully challenged after the will is overturned?What is the name of your state (only U.S. law)?
 


Silverplum

Senior Member
Which class is this for??

This involves New York state law

A will is successfully contested by an heir due to the deceased ability to understand enough English to successfully execute a legal document.

Lets say their are separate bank accounts set up by the deceased with beneficiaries.

Can the beneficiary designations on the bank account be successfully challenged after the will is overturned?What is the name of your state (only U.S. law)?
 

Zigner

Senior Member, Non-Attorney
This involves New York state law

A will is successfully contested by an heir due to the deceased ability to understand enough English to successfully execute a legal document.

Lets say their are separate bank accounts set up by the deceased with beneficiaries.

Can the beneficiary designations on the bank account be successfully challenged after the will is overturned?What is the name of your state (only U.S. law)?
The accounts with beneficiaries are not subject to probate, so the presence or lack of a will is irrelevant.
 

webdjoe

Junior Member
Its for the class of life.

But once the will is overturned and the ability of the decedent to sufficiently understand the English language is proven can that argument be used to challenge the beneficiaries on bank accounts of the decedent?
 

justalayman

Senior Member
executing a will is a very different situation from assigning a beneficiary. You might be able to attempt to use the same justification but since assigning a beneficiary is a simple matter of "who do you want to have the money when you die" is pretty hard to misunderstand, it makes it much more difficult to contest the beneficiaries.

You aren't going to win with the beneficiaries because you won with the will. They are two totally separate contracts and each must be contested individually.
 

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