How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36966
Experience:  Texas lawyer for 30 years in Estate law
8534270
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

Last will & testement, is your checking savigs accounts that

Customer Question

last will & testement, is your checking savigs accounts that are joint (with brother) considered part of the estate.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

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.

Expert:  RayAnswers replied 1 year ago.

Reference to right of survivorship and joint accounts..

http://www.nolo.com/legal-encyclopedia/free-books/avoid-probate-book/chapter1-3.html

Related Estate Law Questions