Q: If I am joint owner of Mom's banking account will the court order that also to be split?
If I am joint owner of Mom's banking account will the court order that also to be split?
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not now be the only heir?
A: If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it means nothing. Hire an attorney now.
1 user found this answer helpful
A:
You really should schedule a consultation with a probate attorney. I could give you a glib answer that the surviving joint owner is now the sole owner of the account but that would be without reviewing ALL of the facts. First, you might think you are a joint owner but in fact you are not. An attorney can help you sort that out. Second, for every rule there are exceptions. An attorney can help you sort out whether there are any exceptions that apply to your case, including review of the handwritten paper.
Who told you the handwritten paper is not a valid will? An attorney? If so, is he or she a probate attorney? If not, get a second opinion from an attorney that specializes in probate. If that person who told you was not an attorney, get an opinion from a bona fide probate attorney. Sometimes a handwritten paper can constitute a valid will.
1 user found this answer helpful
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.
