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If the matter concerns the joint account it is not likely any of the funds would be subject to distribution to other family members. When bank accounts of any sort are held jointly they are generally held as Joint Tenants With Rights of Survivorship (JTWRS). This means that upon the death of one account holder the funds revert directly to the surviving account holder(s) and are not subject to probate procedure. If the banking agreement/signature card does not designate how the account is held, the state's default law usually presumes the account to be of JTWRS status.

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โˆ™ 2006-03-26 20:54:44
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Q: Can children of a deceased son claim part of his inheritance when his mother died after him and had joint account with daughter?
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Related questions

How do you protect an inheritance from a spouse?

You need to put the inheritance into a trust account--If you have children put the kids on the account. That is a very touchy issue.

What happens to a joint bank account when the the primary is the now deceased mother and the joint account holder is a daughter and In this case there is no will can they do anything?

The daughter now owns the bank account and everything in it.

Is the family allotted money from a deceased account?

It depends. a. If the deceased individual has a legal will, the people mentioned in his will, will be given the money from his account b. If he does not have a legal will, then his legal heirs (spouse and/or children) will be given the money from his account c. If he does not have any spouse or children, then the remaining family members will be given the money

How do you cash your deceased daughter's last paycheck?

An estate has to be opened for your deceased daughter. That check will be deposited into the estate account. You need to consult an attorney about an estate if you haven't do so already.

What does a bank need if a deceased person has certificate of deposit or accounts in their bank?

They actually don't need anything. However if someone needs to withdraw the money from that account of the deceased person they must:provide proof that the person is actually deceased (A death certificate)provide proof that he/she is the legal heir of the deceased (A will or a relationship proof that they are the son/husband/wife/daughter of the deceased)Once the bank verifies these documents, they will release the funds from the deceased persons accounts to you. Without these you cannot take any money from that account.

What happens to a joint bank account when the the primary is the now deceased mother and the joint account holder is a daughter and there is a will. In this case there is no will can they do anything?

Joint accounts generally include the rights to survivorship. This means the funds in the account that belonged to the deceased automatically pass to the other account holder(s). The funds are not subject to probate procedure, nor are they subject to any terms stated in a will. It is possible that an estate tax could be levied on the portion of the account belonging to the deceased, but in most cases the amount would need to be substantial for that to occur.

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.

Do you still pay inheritance tax on a checking account if there is an or between the different names on the account?

If you are one of the signatories of a joint account it is already yours, you do not have to inherit it, therefore it is not subject to an inheritance tax.

What happens to a joint bank account when the the primary is the now deceased mother and the joint account holder is a daughter and there is a will Can anyone else pull money from that account?

Ifvyou read the Will you will see who are the beneficiaries. When probate is granted the beneficiaries will be entitled to a share of the mother's account , depending on the agreed split in the account with the daughter. You should get some simple legal advice or read up in a good law book or thw web.

Is it possible to receive an inheritance from a deceased parent from a fund that was not left in a will?

Yes. The fund may have been in your parent's name at death in a "Payable on Death" account where your parent named a beneficiary directly with the company or bank that held the funds.

If a parent owes credit card debt are the children responsible after the parent is deceased?

If they are not an account holder they are not responsible for the debt. All debts and assets and wills are handled in accordance with the state probate laws in which the deceased lived and/or owned property.

If there was a joint account between a daughter and mother and mother died can the daughter continue using the mothers separate and sole account at the same bank?

If mother and daughter have a joint account together and mother dies the daughter can continue to use the account or close it and reopen it in her own name. The daughter should be careful to account for any interest on her tax return. If mother also had a separate account at the same bank, the daughter has no right to use that separate account. That account should pass by will or by intestacy if there was no will.

How do you access an account when a person is deceased?

Only the legal heir of the deceased person can access his account. The legal heir must carry proof for his legal status as heir to the deceased person and also proof that the account holder is no more, in order to gain access to his account. If you cannot provide proofs for either of the above mentioned things, the bank does not have a legal obligation to provide access to the deceased individuals account.United StatesThe account can only be accessed by the court appointed estate representative, i.e., executor or administrator.

What kind of inheritance would account for a spots of a dalmatian?


Is brokerage account part of an estate?

Yes, all assets of the deceased account towards their estate.

If you had a joint checking account with your deceased mother will you have to put it an estate account?

No. A joint account is not a probate asset. It belongs to the survivor.

What is a deceased beneficiary?

A 'deceased beneficiary' is the beneficiary of a life insurance policy or a 'payable on death' bank account who predeceased the insured or the account owner. A 'deceased beneficiary' could also be a beneficiary named in a will who predeceased the testator or who died during the probate of the estate.

What does a credit score of 9001 mean?

Account holder deceased

Is an authorized user on an account for which the primary account holder has been deceased for two years responsible for paying the amounts charged?

An authorized user does not fulfill the definition of "debtor" under the Fair Credit Reporting Act. AU's are not liable for any debt they have not signed a contractual agreement for. If the AU is the heir of a deceased person, the deceased's estate or heirs MAY have liability for their debts. This would depend upon (their state's) inheritance laws and the terms of the will.

What happens to bank accounts after a spouse dies?

Whose name was on the account? If it was a joint account, then the surviving owners of the account "inherit" the portion contributed by the deceased spouse. If only the name of the deceased was on the account, and it is not a community property state, then the entire account belongs to the estate and will be distributed according to probate rules of the state.

How do you close out deceased cousin bank account when there is a will?

The executor of the estate has a Letter of Authority that will allow them to close the account.

How do you get access to a foreign bank account when person is deceased?

File for probate in the country where the bank account is held.

Your mother died and left her daughter a joint account can anyone draw money out of that account?

No. As with any bank account only the account owner can withdraw money from the account. If the mother set up the account as a joint account with her daughter (with both mother's and daughter's name on the account as joint owners) the full ownership of the account passed to the daughter when the mother died. No one else can make withdrawals.

Can you spend minor daughter's inheritance in NY?

Absolutely not. The minor's inheritance should be placed in an interest bearing savings account in trust for the child.

Can a frozen bank account be used for funeral expenses?

A court will need to lift the "freeze" order before funds can be removed from the attached account. If the account belonged to the deceased the probate court has jurisdiction, in which case funeral expenses will be paid from the estate of the deceased. If the account does not belong to the deceased it is unlikely that a request for release will be granted unless the requester can provide documentation that there is no other means to obtain burial funds.