Q: I the son am beneficiary in my moms will.she had a joint bank account of 17ooo.who gets the money.
My sister-in- law is the executor of the will and also on the joint bank account
A: In New York, the names on the bank account trump the will, or more accurately, the bank account passes outside the will. That your sister is executor of your mother's estate is irrelevant. If she is the only one on the bank account, she gets the account. If she is a co-beneficiary on the account, she shares it with the other named beneficiary or beneficiaries.
A: It all depends on the legal name on the signature card of account. If the account is titled in your mother's name and your sister's name, with no other language, then there would be a presumption that half the account belongs to you sister's and half belongs to your mother's estate. If the title of the account includes the word "Joint" and "rights of survivorship" then the presumption is that the account belongs fully to your sister. There are exceptions which might result in a different result.
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.
