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
Answered
  • 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.

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.