Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
No if there is a right of survivorship then it passes to the named beneficiary.If it is not addressed here with such a right of surivorship the probate judge as part of probate will look at the source of funds and divide it up.If one party earned or deposited all the funds then they likely get awarded to that person.If on the other hand both contributed likely the court has half going to each party.
Part of this will likely belong to the estate of no right of survivorship and both contributed to the account.The probate judge has to resolve this if there is no right of survivorship.If there is such a right then the funds pass by contract rather than probate to the named survivor.
It all depends here on whether there is such a right of survivorship, otherwise this is divided by the probate judge if both contributed.Then the half here goes to the estate and the other half to you.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
The account here maybe frozen until it can be determined who get the funds and what percentage.
Reference to right of survivorship and joint accounts..