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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54001
Experience:  29 years of experience practicing law, including tax and estate planning.
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It is between my sister and i.supposed to be spilt downthe

Customer Question

it is between my sister and i.supposed to be spilt downthe middle. she has my fathers checkbook and says that is hers .her name was on checking account because he was getting older and to help if he were ill.all social security and dividen checks went to this account. there was no will he did not exspect to get dementia and she says this is hers.what now! the 50/50 part was verbal between my father and mother and me it was many years ago.she has taken care of him in her home for several years and she gets the house and everything in it,odd phrase for a man to say.i got some land 80 acres but she says she has 40 of that also. it is pretty much worthless. an ***** ***** account is pod so she could not touch that.it,s the checking account that is in question.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Richard replied 11 months ago.

Hi. My name is ***** ***** I look forward to helping you.

You do have recourse here. Although in general a joint account vests automatically in the surviving owner upon the death of the first owner, there is a critical exception. You can contest that the joint account was merely set up for convenience and the decedent did not intend for the joint owner to get the entire account at death. This does not happen in the case of spouses, but can happen where there is an elderly person and one child is added to the account to assist the elderly person to pay his/her bills. In that event, you can show the court your fact situation and the court can rule the right of survivorship should not apply. Given your facts, in my experience, you would prevail in this endeavor!

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