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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55325
Experience:  29 years of experience practicing law, including tax and estate planning.
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Based on my previous 2 questions, I have a response back and

Customer Question

Based on my previous 2 questions, I have a response back and need some feedback. Phil XXXXXX, I must be getting my lawyer excited, not received a response so quick before on the probate. Anyway here is her response and includes the email I sent her. She
is talking about POD which I understand can be assigned to non-joint account holders but may be wrong on that. Let me know your thoughts on this ? Dear Phil, I need originating documents showing that the accounts were POD – payable on death to you from the
bank; otherwise, the money belongs to the Estate. If Colleen put you on the account, but did not sign the POD form, then you are only entitled to the money you put in to the account. As to Colleen’s wishes, they are moot at this point, She died intestate,
without a valid will. The property in her estate passes by intestacy law. There is no testimony that can change that. As for the insurance, if Colleen received the proceeds from the insurance policy or she is the named beneficiary then the proceeds are an
asset of the estate. Kirsten XXXXXX The XXXXX Law Firm The Carnegie Library XXXXXXXXXXXXXXXXXXX XXXXXXXXXXX XXXXXXXXXXX P: XXXXXXXXXXXXX Fax: XXXXXXXXXXXXXXXXX IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the U.S. Internal
Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S.
Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax related matters addressed herein. PRIVILEGED AND CONFIDENTIAL ATTORNEY WORK PRODUCT/ATTORNEY-CLIENT COMMUNICATION The information contained in this communication is
confidential, may be attorney-client privileged and is intended only for the use of the individual(s) to whom it is addressed. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If
you have received this communication in error or you believe you are not the intended recipient, please notify us immediately by reply email, return fax or collect telephone call to XXXXXXXXXXXXXXX and destroy this communication and all copies thereof, including
all attachments. Thank you. From: XXXXXXXXXXXXXXXXXXX Sent: Tuesday, June 09, 2015 12:43 PM To: ***** ***** Subject: Re: Concerning appt on Wednesday. Kirsten, Thanks for your attention to the probate issues. I feel your need to
get items settled, and have just as much interest on this. I think submitting John's inventory is probably getting critical and has valid urgency. I think we can probably get Colleens inventory wrapped up quickly once we understand the legal requirements,
but may be delayed due to some concerns I currently have with what is probatable and what is not. I will not be able to do the Wednesday appt. I have a couple of issues that are taking my time. I think next week would work better but we need to discuss the
Joint account issue in writing. I think it would be best to get this out of the way before our appt. I have no problems with any items that should be included in probate being put there. I think all items except possibly the insurance proceeds have been accounted
for in the inventory. That is a small issue. Lets focus on the joint account with survivorship option. Please give me your written responce on that item so I know clearly were we are headed. If what I have been told by several legal resources any joint account
with survivorship does not go through probate. My understanding probate includes inventory, accounting, and distribution. Phil XXXXXX XXX XXXX Don't need to tell you that phone conversations do not qualify for court documentation, so we need to exchange by
email or other writing method.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Hi! I believe I responded to this in your other thread. Just in case you didn't receive it, I will re-post it below.
"Thanks for the update. I would let them know you're going to want a complete accounting of the estate, in addition to the inventory, showing every dollar in and every dollar out.
With regard to joint accounts, typically a joint account vests automatically in the surviving owner upon the death of the first owner. But, there is an exception...that being that if the term "right of survivorship" is not used, one 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.
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