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I am executor of my sister's estate in Tennessee. According…

Customer Question
I am executor of...

I am executor of my sister's estate in Tennessee. According to her will the estate is to be split equally between her four children. About a year ago my sister gave her daughter power of attorney. She opened a joint checking account with her daughter. All the monies deposited into that account was my sister's. My question is what, if any, is my responsibility as executor concerning that money?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

State of TN - I am going to see the probate clerk tomorrow. Nothing has been filed at this point.

Lawyer's Assistant: Has anything been filed or reported?

No

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

I can't think of anything.

Submitted: 1 month ago.Category: Estate Law
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Answered in 20 minutes by:
3/12/2018
Estate Lawyer: LegalGems, Attorney replied 1 month ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,569
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 1 month ago

My sympathies for your family's loss.

If the joint checking account has a "right of survivorship" provision then it passes automatically to the surviving joint owner without probate, therefore the executor has no responsibility over that account.

The joint tenancy designation is conclusive evidence that the survivor will be entitled to those proceeds; please see relevant statute here:

https://law.justia.com/codes/tennessee/2010/title-45/chapter-2/part-7/45-2-703/

If there is no such provision then the court would need to determine which percentage of ownership was due to the estate and which percent to the other account holder.

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Estate Lawyer: LegalGems, Attorney replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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