Stamford, CT asked in Estate Planning for Connecticut

Q: My mom passed in January of this year. Prior to her death she added me (her daughter) to her checking/savings account

With survivorship. The account was used to pay bills etc and was not included in the will. In her will she stated her estate to be divided by 8 children. My sibling is accusing me of taking money from bank account and says he won’t give me anything from the estate. Could he do this legally? Could I contest the will? As stated the bank account I had right of survivorship. I live in CT. Thank you.

Related Topics:
1 Lawyer Answer
Steven Basche
PREMIUM
Steven Basche
Answered
  • Estate Planning Lawyer
  • West Hartford, CT
  • Licensed in Connecticut

A: The funds in the joint account became yours upon your mother's death and you are entitled to keep them. That being said, if your name was added as a convenience, and your mother did not explicitly say she wanted you to have the money and not include it as part of the estate, your brother could argue that the money should come back into the estate and be divided. He would have to prove that in court. If he proposes a distribution which is less than your share, you can object and the court will ultimately decide. It is not uncommon for a sibling to agree to put jointly held funds back into an estate, but you are not obligated to do this.

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.