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.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • 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.

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