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In community property states, absent a will or beneficiary designation different(and even this might not be enforceable if the wife did not sign). Everything goes to the surviving spouse. Hopefully she likes the children.

I am not an attorney but I did go to a Holiday Inn Express today.

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Q: If the spouse dies does the money in the joint checking account go to the surviving spouse or to the spouse and surviving children of the decedent?
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Can an executor or girlfriend take money out of a decedent's checking account?

It depends on whether the executor has been appointed by the court and if the account was a joint account with the decedent and his partner.If the executor has been duly appointed they can access accounts solely owned by the decedent. That's their job.If the account is a joint account, it isn't a probate asset and the executor has no control over it. It belongs to the surviving joint owner.


Is a joint checking or savings account considered part of an estate?

No. Ownership of a a joint account passes automatically to the surviving joint owner unless it can be proven that the account was set up as joint for purposes of convenience only by the decedent.


Member of joint account does what happens for survivorship?

When a joint owner dies their interest passes automatically to the surviving owner. The survivor is the sole owner of the account and can close it or make changes. For example the survivor can take the decedent's name off the new checks for the checking account.


What overrides a will?

A will can be overridden by a newer will that explicitly revokes the previous one. Additionally, certain legal actions or court decisions, such as marriage or divorce, can also impact the validity of a will. In cases where a will is found to be invalid due to lack of capacity, undue influence, or fraud, it may also be overridden.


Does the decedent's income tax refund check belong in the estate checking account?

Yes, the decedent's income tax refund check typically belongs in the estate checking account, as it is considered a part of the deceased person's assets. However, it's always advisable to consult with a legal professional or estate administrator for guidance specific to your situation.


Who is responsible for credit card debt when some dies in PA?

The person(s) named as the account holder. If the account was held jointly then the surviving account holder is responsible for the debt. If the decedent was the sole account holder the debt becomes a part of his or her estate and is handled according to probate laws.


Who gets the money from a personal account when that person dies?

If the account was in the name of the decedent only, the money in the account becomes part of the decedent's estate which is then distributed according to the will.


Who gets a deceased parents money in the bank account?

If there is a will, then the beneficiary gets the money. If there is no will all the children of the decedent get an equal share of the money.


Is it a US checking account or an US checking account?

A US checking Account


One owner of a joint checking account in Alabama died years ago and has adult children. The other owner just died and has a spouse. Who gets the account?

The funds would be split 50/50 between the estates/next of kin of the two deceased. If the owner that had only recently died had been on the ball, they could have declared the other owner deceased and had the funds all to themselvesAnswerThe surviving spouse will inherit the balance of the account and may be required to share it with other heirs at law of the decedent according to the statutory provisions reprinted below. When two people set up a joint checking account and one dies, the full ownership of that account passes automatically to the surviving joint owner with no need of probate. That's what joint accounts are all about. When that surviving joint owner dies, the account is included in her estate and will pass according to the provisions in her will or the state laws of intestacy if there is no will.In Alabama, intestate property passes to heirs-at-law as follows:Section 43-8-40Intestate estate generally.Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this chapter.Section 43-8-41Share of the spouse.The intestate share of the surviving spouse is as follows:(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.Section 43-8-42Share of heirs other than surviving spouse.The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;(2) If there is no surviving issue, to his parent or parents equally;(3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;(4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.Section 43-8-44When estate passes to state.If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama.Section 43-8-45Division of estate where representation is involved.If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among the issue of such deceased heir in the same manner.Section 43-8-46Inheritance by relatives of half blood.Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.


What is the best college checking account?

One of the best banks for college students is KeyBank. They offer student checking accounts for children ages 16 and up. It is a great way to start a checking account before a student gets to college.


What happens to a joint checking account in Indiana if one person dies?

In Indiana, when one person dies, their share of the joint checking account typically passes to the surviving account holder. This is because joint accounts have a right of survivorship, meaning that the surviving account holder automatically becomes the sole owner of the funds. However, it is always advisable to consult with a legal professional or the bank to ensure a proper understanding of the specific situation and any necessary legal steps.