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 Richard Your Own Question
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55292
Experience:  29 years of experience practicing law, including tax and estate planning.
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

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,s the checking account that is in question.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year 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!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!