Punta Gorda, FL asked in Business Law, Estate Planning and Probate for Florida

Q: Are beneficiaries entitled to joint account statements with a pour-over will?

If I had a joint bank account with my mom, who has passed away and left a pour-over will, is a beneficiary entitled to see the bank statements? The estate is not going through probate per my mom's request. There is an executor handling the estate, but the pour-over will does not have any specific instructions regarding this matter. The beneficiary believes they are entitled to see the bank statements. How should this situation be handled?

1 Lawyer Answer

A: A point of note, a joint owner of an account usually becomes the sole owner of the account upon the other person's passing, there is no probate of that asset and the joint owner becomes the owner of the entire account and all of its monies. A beneficiary of the Will would have no rights or access to this account as it is not a probate asset, at best they would have to pursue litigation to claim and prove otherwise.

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