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It depends on how the checking account is held. If the account is a custodial account it will pass according to the will, then she cannot take the money. However, if this is a joint checking account, in the eyes of the bank she is a co-owner and is legally permitted to take the money.

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Q: My dads sister is on his checking account but not on the will which is to be divided between the kids. can she legally take the money for herself even if the will say to divide between the kids?
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