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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37081
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am joint owner on a checking account which is linked

Customer Question

I am joint owner on a checking account which is linked online to a sole owner savings account and I can transfer funds as needed. If sole owner of the savings account passes away do I have the legal authority to continue to transfer funds as needed
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If sole owner of the savings account passes away do I have the legal authority to continue to transfer funds as needed

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Unfortunately no, the death of the sole owner would revoke any authority for you to continue to access the solely owned account as it would become owned by the estate at the moment of death. You would have to get permission from the executor of the estate to continue transferring money from that account. If you continued to do so and the executor became aware of it, they could sue you to recover any improperly removed money..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
There was not a will. And I have been paying the bills My sister would like to be named personal representative. What rights do I have concerning this account or her becoming my personal representative?
Expert:  Barrister replied 1 year ago.

Ok, then it would be the Administrator who pursued matters not the Exec/Personal Rep if there was no will.

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What rights do I have concerning this account

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If you aren't the owner of the account and it was owned by the deceased, then it would go into their estate to be divided up among the heirs.

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or her becoming my personal representative?

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And you can't become your own personal representative because a PR is appointed after someone dies. If you are asking if you can file a probate petition to be appointed Administrator of the deceased's estate, then yes, since there was no will, there is no one named as PR so any interested party can apply.

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thanks

Barrister