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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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I was raised by my grandfather and s caregiver the last few

Customer Question

I was raised by my grandfather and his caregiver the last few years. We opened a joint account about 2 years ago with no beneficiary listed. He gave me a list of how to distribute funds. He recently passed and my uncle found a will from 6 years ago that stated his estate would be divided between him, me, and my sister. My sister forged nearly $15k in checks 4 years ago and I know his intentions changed. The question is, is the joint account now part of his estate to be divided, even though it is in my name?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, anything in his name, even if jointly held, is part of the estate. Unless the account was listed as having a 'right of survivorship', where the surviving person takes all the assets, the account still has to be provided to probate and calculated as part of the estate. You can contact the account manager to see if there was a survivorship clause and if there was, the funds are yours. But if not, it becomes something that the estate has a right to consider as part of their formal calculations as well.

Sincerely,

Dimitry, Esq.

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