Hyde Park, NY asked in Estate Planning for New York

Q: Estates: Precedence of joint bank account survivor vs. addendum to will

My mother's estate has a few bank accounts, some bank accounts had joint ownership with any one of her 3 children. In a signed addendum to her will, she explained how to distribute the bank account assets between her 3 children (50%/25%/25%) "regardless of the name on the account." I believe for joint bank accounts, normally the surviving account holder automatically gets ownership of the account funds. But the will's addendum seems to say combine all of the bank assets and divide it up the way she specified, whether or not there were joint names on the account. Which has precedence?

Update: Any other answers? The 2 I got seem to contradict each other.

Related Topics:
2 Lawyer Answers
Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: Depends on whether the supplement to the will was valid, I would argue that it likely is if it is referenced to the will and incorporated into the will by reference. Speak to an estate planning attorney who should be able to give you more specific guidance. Please email me directly if you have further questions.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: The joint account status governs unless the estate moves to have accounts deemed convenience accounts.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.