Tonawanda, NY asked in Probate for New York

Q: My mother has a will filed in Erie county ny She has passed away in a nursing home . She has no outstanding debt of any

Kind .all she has is a small joint checking account of 13,000 dollars. It is in her name and my name her daughter and I am executor of her will . Do I need to file probate or can I just close the joint account with proof of her death . There is no home or property or assets of any other kind . Ty so much for any help . Sincerely , lost daughter

Related Topics:
2 Lawyer Answers
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: If you are a joint owner it is your account as much as it was hers. No need to probate her will.

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You do not need a probate. Just close the account as you stated.

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.