Q: My question relates to a situation where a will was written initially then a joint bank account was created
Ok, a will was written which initially included all 3 children in it. However, the parent wanted to disinherit two of the children so she started a joint bank account with the only child that she wanted to be beneficiary but passed away a few months ago. Can this be contested in probate court or does the remaining child on the bank account inherit the assets? There was no further documentation stating that this was the parents wishes however there are numerous witnesses who would attest to that.
A:
Joint ownership controls over a will. Wills only distribute what will be in Probate, and joint ownership property (and designated beneficiaries on accounts and insurance) pass outside of probate. Naming a beneficiary or creating a joint asset is not related to Probate and challenges will be dismissed -- absent a showing of fraud or undue influence.
Seek local counsel if you think there might be some reason to 'go after' that account creation.
-- 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
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