Joint Account - Can a will cause money to be paid to an individual other than the survivor of a joint bank account?

Question

If a will states that all money regardless of how they are situated may be allocated to heirs as the named executor sees  it, would money in a CD with a named person as the POD (payable on death) be released to the executor or to the person named on the CD as POD.

Answer

Generally, the intent expressed in a will would not override the survivorship feature of such an account.  The survivor would receive the money rather than the estate.  This would be subject to a challenge that the account was not really intended to be a survivorship account when it was created.

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Last Updated:  6-4-04

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov