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Some courts will examine the account and hear testimony. Many older people place one child's name on a joint account for purposes of convenience only, not intending for that one child to inherit the account. The court will hear evidence from the respective parties each trying to convince the court to render a decision in their favor. The court will consider the size of the estate, the number of children, whether other property was devised to the other children, whether the joint holder paid bills for the decedent from the account, whether the decedent mentioned the disposition of the account upon her death. The superior evidence will usually win.

Some courts simply treat a joint account as a joint account and award it to the Survivor.

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Q: My mother died and we have a joint account with right of surviorship my sister was not on the signiture card but wants half the money she is suing me in civial court can she win?
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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.


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.


Can you use your deceased mother's bank account?

Not unless you were also named as a joint owner of the account. If you and your mother had a joint account the full ownership passed to you upon her death. If the account was your mother's sole account you would need to forge her name to make any withdrawals. That is not legal. The account is part of her estate.


Is a joint savings account considered taxable as part of an estate?

My mother and i have a joint savings account my mother passed away does the money in the account become part of the estate


How can I get my mother to get me a YouTube account?

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How can a father Put money in bank account for a mothers child?

* Have your banking institution create an account for the mother and just deposit the money in there. Make sure the mother has the account number so she can draw the money out.


When your mother dies does her common law spouse have rights to her personal bank account?

Only if it is a joint account or payable on death to the "common law spouse". If it is a sole account in your mother's name then it is a part of her estate.


I have a joint account with my mother. Upon her death do I have to go to probate?

Full ownership of that account will pass to you upon your mother's death without any need for probate.


What if you have a POA acct for your mother what if you die who can transact the account?

First, the account should be in your mother's name since the funds are her property. A POA allows you to act on behalf of your mother and sign any legal documents in her place. You shouldn't place any of her assets in your name. To act as an attorney-in-fact you present the POA to the bank for their records and then you can act for your mother as manager of her account. Remember the account should be in her name.If she wants you to have the account upon her death then the account should be a joint account in both your names. In that case if she dies the account will belong to you. For a joint account you don't need a POA because as a joint owner you would have full power to manage the account on your own. However, the account will be vulnerable to your creditors.If everything is set up properly and you haven't converted any of your mother's property to your name your mother only needs to appoint a new attorney in fact under a new POA. Her account shouldn't be in your name because that arrangement will cause your mother's money to become part of your estate and it will be inaccessible to her until your account can be closed by a court order.If you are concerned, your mother can name a successor attorney-in-fact within the same POA document that appoints you as the AIF. The POA can state the successor will only have power in case of your death.You should discuss this matter with an attorney who can review your situation, your mother's wishes and explain your options.


What should we do to close our deceased mother's account that's a joint account with my brother and I?

If the account is a joint account with your mother, you and your brother, the surviving joint owners can close the account and share the balance. When the account was opened the three of you should have signed signature cards and all names should be listed as account owners. One or both of you should be able to simply make a withdrawal of the balance and close the account.


How do you write a letter to bank manger for cancel the joint account?

im not closing my account,just want to relieve my mother from my joint account and change it to single account