Longview, TX asked in Probate for Louisiana

Q: Owner on checking accts with mother who passed as well as brother. Do those Accts have to be included in successiion?

This is louisiana by the way. We get along so no fighting over the accounts. Since we are all listed as owners we can close the accounts as I read in a previous question. Why would they have to be included in succession instead of just closing them together. Just trying to be prepared before starting succession.

Related Topics:
1 Lawyer Answer
Christie Tournet
Christie Tournet
Answered
  • Probate Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: This is largely a bank decision. If you all are co owners, you may be able to close the account without the deceased appearing. However, most typically, when the bank has knowledge that an account holder passed, it will not want to disburse all funds for which the Decedent also had a right without court order confirming and directing it as to payment to the rightful heirs - the Decedent's "portion" in the account may go by intestacy, or Will. So, yes, the portion of the Decedent's interest in the account should be included with the succession documents and should succeed to the rightful owner.

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.