Richmond, IN asked in Banking, Probate and Estate Planning for Ohio

Q: Is you have a shared bank account with your wife can you leave the money in it to your kids in your will?

Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is less than $100,000 in that account.

1 Lawyer Answer
Paul Kellogg
Paul Kellogg
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.

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