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If there was a Time Certificate of Deposit titled joint

ownership with the deceased and...
If there was a Time Certificate of Deposit titled joint ownership with the deceased and one of the heirs that was named in the will to share equally was not listed on the Time Certificate. Does this individual have any rights to the Time Certificate?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: South Dakota
JA: What documents or supporting evidence do you have?
Customer: The Time Certificate of Deposit was written in my mom's name and one of my sisters and myself. Does the other sister, which wasn't name on the TCD have any right to these funds?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that it might make a difference but there was a Trust that was set up and it was shared equally between all three of the heirs. The one not named on the Time Certificate never saw her mother but only twice since September of 1998 and it was then reflected in this TCD.
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Answered in 5 minutes by:
11/9/2017
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 35,271
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Property titled in joint tenancy is not part of the probate estate and the will would have no bearing on how it would pass. It automatically passes to the surviving joint tenant.

The other sister has no claim in the TCD.

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Customer reply replied 1 month ago
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Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 35,271
Experience: 30 years experience representing clients.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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