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I have a joint account with my mother and she recently

Customer Question
I have a joint...

I have a joint account with my mother and she recently passed away. The estate attorney is saying that it does not belong to me, it belongs to the estate. Everything I'm reading says it belongs to the joint owner.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

MD

Lawyer's Assistant: What documents or supporting evidence do you have?

A bank statement with both our names on it and I verified with the bank that it only had both of our names on it. It was a low interest bearing savings account.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that's pretty much it. I just want clarification.

Submitted: 10 months ago.Category: Estate Law
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Answered in 5 minutes by:
10/4/2017
Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. The answer to your question is that even though your mother died, her estate is joint owner with you on the checking account. If you have funds in there that belonged to you, then those funds that can be traced back to you or going to be yours. The funds that can be traced back to your mother I'm going to belong to the estate. If you have no funds in there that belonged to you, then the money that's in the checking account is going to be hers. If there is no money that belonged to her and it is only your money, then the money will not belong to the estate.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 10 months ago
That answer goes against everything I have found online including links to MD Law.
Customer reply replied 10 months ago
I don't authorize $59 for a quick answer like this. I don't want to talk on the phone.
Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

I understand. What authority are you finding that suggests that the answer is wrong? Every state law is different and we can work together to find out the answer for sure.

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Customer reply replied 10 months ago
I checked out several websites including one that discusses MD Law. The same thing happened to my aunt, she and her ex-husband (yes ex) had a joint account and when he died she got the money. I don't want to continue this conversation because it will get too expensive.
Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

I understand. You're not going to be charged the $59 and you won't incur any other charges other than what you've already been charged. One moment while I review something to verify the authority beyond some websites. If this is the law, it'll be written into the estate code. One moment...

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Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok, thank you for your patience and please forgive me. You are correct. In Maryland under the MD Financial Institutions Code Section 1-204(3)(iii)(3), it says that if a person who is a part of a joint account dies, the remaining funds int he account belong to the last surviving party. So, the lawyer with whom you were speaking was inaccurate and I was inaccurate as well. My apologies. Did you have any other questions for em?

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