Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. If the account in question was in your mother's name alone and not a joint account, then it would be considered part of your mother's probate estate and thus would be subject to your mother's creditors. The Small Estate Affidavit simply allows you to avoid the more complicated probate process when there is a small amount in question, but it does not recharacterize the assets from probate assets to non-probate assets. If the account in question was in a joint account, then it would vest automatically in the surviving owner upon the death of your mother and would not then be a probate asset and would be beyond the reach of your mother's creditors.
This is the part of my job I don't like...when the law
is not in favor of my customer. I wish I could tell you that the account would absolutely not be at risk to creditors, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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