Q: my mother passed and had accounts with my sister on them. Does these have to be divided if the will states everything?
If the will stated everything be divided, does the joint accounts have to be divided?
A:
If they are joint with rights of survivorship, no, they pass outside the will to whomever is named as the joint owner 'legally'. MORALLY may be another situation, but that is a discussion you and your sister need to have. Enter into that discussion with the knowledge that she probably doesn't HAVE to share and you won't be able to "sue" or take other legal action, but so long as that is known up front, this IS probably a discussion that needs to be had if your sister doesn't bring it up herself first!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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.