Fort Lauderdale, FL asked in Estate Planning for Florida

Q: My mother has an Edward Jones brokerage account which she added my name on. Upon her death does it get probated?

I’m located in Florida. Trying to avoid probate.

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3 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: The answer depends on how your mother "added" your name. If you are the death beneficiary, then you will inherit it without having to go through probate. If she "added" you some other way, then an answer cannot be provided without more details of exactly what method of retitling she used.

Phillip William Gunthert agrees with this answer

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
Answered
  • Estate Planning Lawyer
  • Ponte Vedra, FL
  • Licensed in Florida

A: If the account has you as a designated beneficiary, if she passes, it would not be a probate asset and would pass automatically to you without probate. Make sure she filled out the beneficiary form. Just being a joint account is not enough

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Your mom should check with the brokerage in or der to see if you have been added and designated as a Pay on Death (POD) beneficiary, otherwise or similar. If it is a POD type addition then it will avoid probate. I would also add, while this asset may eventually avoid any probate at some point in the future, you will want to check and make sure all accounts avoid it or you will end up having to do some version of it anyway. Your mom likely should look into some type of estate planning as well in the event that she becomes incapacitated so that her designated and desired person of choice can make any needed decisions for her should it become necessary related financial or health decisions (Florida Durable Power of Attorney, Florida Healthcare Surrogate, HIPAA Waiver and so forth). I would advise that you try to find out precisely how you were added to the account.

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