Kansas City, MO asked in Civil Litigation for Illinois

Q: My sister might b suing me for a right to survivorship bank account I had with our mother who recently passed. Can she?

There is no will and I have been told this bank account is separate from the estate. She might try to prove it should be considered a convenience account.

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1 Lawyer Answer
Robert Shipley
Robert Shipley
  • Chicago, IL
  • Licensed in Illinois

A: If the account is set up right of survivorship, where you and your mother were the co-owners, that means that upon her death you become the sole owner of the account, which passes outside of probate. So I would review how the account was set up to verify your ownership rights. Regarding litigation, you cannot stop your sister from filing a lawsuit and you will be forced to defend. I would suggest you review the issue with an attorney so you can verify your rights and then perhaps the attorney can help to resolve the issue so a lawsuit is not filed.

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