Griffin, GA asked in Probate for Georgia

Q: My mother passed away recently and my brother passed the next day. She had an account at bank in her name for him.

The acc so he can get ount read her name for his name. The money came from social security disability benefits and she paid his monthly bills with this money. He has 3 sons, one of his children is trying to go thru probate to be appointed representative (he had no will) in order to get this money. He had no assets just account at bank. Can he get this money? The account says my mothers name for my brothers name. He was disabled and she managed his money.

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: When an account is set up like that (Name 1 for Name 2), the account is owned by Name 2 and Name 1 is just an agent, not an account owner. So if your brother is Name 2 and he has passed with no will, then the account should pass to his intestate heirs and, yes, most likely those intestate heir are his children, but more facts are needed to determine that.

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.