In a property with right of survivorship, which document is trumped by the survivorship right?

In a property with right of survivorship, which document is trumped by the survivorship right?

• A. A will
• B. A trust
• C. A power of attorney
• D. A deed

Answer: (A)

When property is held with the right of survivorship, the surviving owner automatically inherits the deceased owner's interest. That automatic transfer happens outside of and cannot be overridden by a will. So, for jointly titled property with survivorship, the will cannot dictate who gets that property—its instructions are not applied to that asset. The will can still govern other assets not held in joint tenancy, but it does not affect the survivorship property. A deed establishes the joint tenancy in the first place; a power of attorney only applies during life and doesn’t control what happens after death; a trust governs assets within the trust structure. Therefore, the document that is overridden by the survivorship right is the will.

When property is held with the right of survivorship, the surviving owner automatically inherits the deceased owner's interest. That automatic transfer happens outside of and cannot be overridden by a will. So, for jointly titled property with survivorship, the will cannot dictate who gets that property—its instructions are not applied to that asset. The will can still govern other assets not held in joint tenancy, but it does not affect the survivorship property. A deed establishes the joint tenancy in the first place; a power of attorney only applies during life and doesn’t control what happens after death; a trust governs assets within the trust structure. Therefore, the document that is overridden by the survivorship right is the will.