QUESTION
If my brother’s name is on my mother’s bank account as joint, is he the only one entitled to her money after her death?
Asked on Oct 19th, 2012 on Estate Planning - Oklahoma
More details to this question:
Mother is deceased and my brother name is on account, but only 5 months before mother's death, is it still legal and is there a law that speak against it?
22 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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From the bank perspective, it is a contract and brother is entitled to the money. In California, whether you have an enforceable claim to a portion of the funds turns on your mother's intent. If she added him only as a convenience to help her pay bills, without intending he was to keep anything left, then you may ha ve a case. Unfortunately, unless she signed a writing to that effect, or your brother openly admits that was the arrangement, proving it will be next to impossible.
Answered on Oct 24th, 2012 at 3:17 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
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Depending on the size of your mother's estate, and whether or not there is a will, the money should go through the estate. However, the bank will allow co-holders of an account to have access to money, even when one person is deceased. You should consult an attorney if you have other questions about settlement of your mother's estate. This advice is based on the limited facts that you have provided and other facts may change the advice. You should consult an attorney and provide a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.
Answered on Oct 22nd, 2012 at 7:08 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is a presumption under Michigan law that when an account is held as joint tenants, that the intent is that the surviving joint tenant is to receive the balance. This presumption can be overcome, but it is difficult to do. If there is some evidence that your mother's intent was otherwise, then you should meet with a lawyer. If there is a Will, for example, which specifically references the account(s) and states that they are being made joint for "convenience purposes only," that would go a long way towards proving your case.
Answered on Oct 22nd, 2012 at 7:07 PM
Probate and Estate Planning Attorney serving Harrison, MI
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David T. McAndrew, Attorney at Law
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Hire an attorney.
Answered on Oct 22nd, 2012 at 7:06 PM
Elder Law Attorney serving Savannah, GA
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Elder Law Office of Mark Schaefer PC
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Yes, unless you can PROVE that she didn't intend for that to happen. That is VERY hard to prove after her death.
Answered on Oct 22nd, 2012 at 7:05 PM
Thomas Edward Gates
Your brother has a right to the money.
Answered on Oct 22nd, 2012 at 7:02 PM
Estate Planning Attorney serving Simi Valley, CA
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Carmen B. Marquez, PC
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Based on Contract Law: When an account is owned in joint tenancy, the survivor becomes the owner of the account.
Answered on Oct 22nd, 2012 at 7:01 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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The joint account is not illegal. Your brother would own that account but others in the family might wonder if mother was unduly influenced by your brother.
Answered on Oct 22nd, 2012 at 7:00 PM
If the account is a joint account with rights of survivorship, then your brother gets the money.
Answered on Oct 22nd, 2012 at 6:59 PM
If is was a true joint account then the account became his upon her death. You should consult a probate attorney to review exactly how title to the account was held and advise you as to the current ownership.
Answered on Oct 22nd, 2012 at 6:58 PM
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As long as your mother was legally competent and was not coerced when she added your brother's name to the account, the designation of your brother will hold up and he is the only one entitled to the account.
Answered on Oct 22nd, 2012 at 6:57 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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There is a legal presumption that he gets the account. This can be overcome by arguing that he was a fiduciary for his mother, that his name was on the account for her convenience, that there was fraud, duress or undue influence in getting his him name placed on the account.
Answered on Oct 22nd, 2012 at 6:57 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If the account was held jointly, then the money passes automatically to the joint survivor. To set this aside, you would need to prove, in court, that your brother did something wrong in getting his name on this account.
Answered on Oct 22nd, 2012 at 6:56 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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In Oregon, the joint owner of an account becomes the sole owner on the death of the other joint owner. If you can overcome the presumption that this was the intent of your mother (which would require more than just your statement) or if you can demonstrate undue influence (for example, if your brother was controlling your mother), it is possible to get it changed-but it will take a lot of legal fees to do so.
Answered on Oct 22nd, 2012 at 6:56 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, he is the only one entitled to her money at her death if he's a joint owner. Of course, that may not be what she meant to happen. If there is a lot of money at stake, you could sue him, asserting a "constructive trust."
Answered on Oct 22nd, 2012 at 6:55 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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The general rule is that account passes to the surviving joint tenant upon death. However, this presumption can be overcome by clear and convincing evidence that the decedent did not intend a gift, but rather included the joint tenant for convenience purposes only.
Answered on Oct 22nd, 2012 at 6:53 PM
The joint account is presumed to be owned by the surviving owner. You can try to overcome that presumption in probate court by evidence that he was added to the account for her convenience in his assisting with her financial affairs. You should act quickly getting a probate estate opened and asking the court to order the bank account frozen. Otherwise, he may, withdraw the money, the recovery of which then gets more difficult.
Answered on Oct 22nd, 2012 at 6:52 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Your brother is the only person entitled to the money in the bank account.
Answered on Oct 22nd, 2012 at 6:52 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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He is the only person entitled to the money if he was a joint tenant on the account by right of survivorship.
Answered on Oct 22nd, 2012 at 6:51 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Generally, a joint account will pass to the surviving joint owner(s).
Answered on Oct 22nd, 2012 at 6:51 PM
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It passed to him at her death by operation of law. If she lacked capacity at the time he was added that may be an issue to pursue. If she had capacity when she added him to the account, then it is his at her death. You may wish to discuss the specific facts with an attorney before decision or not to take action.
Answered on Oct 22nd, 2012 at 6:50 PM
Yes, if he is on the account, he is the legal co-owner, and now sole owner.
Answered on Oct 22nd, 2012 at 6:50 PM