Woodhull, NY asked in Banking, Estate Planning and Probate for Maryland

Q: Mom and I got a joint checking account a year before she started to get bad. Is this account legally mine?

My mom passed away and a year before she passed her and I got a joint banking account together. Now that she has passed my sister is taking me to Court for the money in the account. How can she do this when I have survivors rights to the account and it's not part of the estate. She's saying I unlawfully added myself and used my power of attorney to get onto the account. I didn't receive power of attorney until a year later(after the account was already set up)when our mother healft started to get worse. Also she asking for injunction relief, what's that exactly?

1 Lawyer Answer

A: You are probably on solid legal ground, but anybody can sue anybody whether they can prove the legal right to win or not. Injunctive relief is permitted when there is an immediate irreparable harm that will occur if the court does not issue an immediate temporary order to stop another party from acting before a court can hear a dispute at a trial on the merits of the plaintiff's claim. I imagine the basis of the relief being requested is that you could spend all the money in the account before your sister can have a court decide whether the money is legally yours or belongs to the estate. An injunction in this scenario would likely be to freeze the account and preclude you from spending any money in it until the court can decide the case. Your sister must first prove that she has a strong likelihood of prevailing on her suit before a court may grant her an injunction. I do not know how she intends to meet that level of proof. Also, the ONLY person who has standing to bring a suit of this nature is the court-appointed Personal Representative of your mother's estate. Therefore, unless your sister is the PR of the estate, she does not have standing to sue and this suit should be dismissed (in which case, you should be filing a motion to that effect). If she is PR, then there is a statute that creates a presumption that a jointly titled account belongs to the survivor unless the account is set up otherwise. You should look up and cite this statute. Also, you are posting this for Maryland lawyers to answer, but I note you list New York as your geographic location. My answer is only applicable to a Maryland filed estate and/or a Maryland bank account, so if the estate or the bank account was opened in NY, you need a NY lawyer to respond.

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.