Bay Minette, AL asked in Banking for Alabama

Q: who gets the money in a bank account on joint accounts when one of the persons on the account dies?

Related Topics:
1 Lawyer Answer
Mr. James Parrish Coleman
Mr. James Parrish Coleman
Answered
  • Business Law Lawyer
  • Robertsdale, AL

A: This depends on what the signature card at the bank says. Most of the time, the signature card on a joint account will say that the parties signing on the account are joint tenants with a right of surviorship, but not always. A person could be merely an additional signatory on an account with no ownership. Look at the bank document. However, most of the time the document at the bank will show that the two signatories are joint owners. Then, the balance legally belongs to the surviving signatory. BUT -- the estate of the dead person may make a claim against the money and the survivor arguing that in fairness -- equity -- that the money belonged only to the dead person. That sparks a lawsuit. Job one, look at the bank document.

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.