QUESTION
If my mother and brother's names are both on a bank account, does the account become part of my mom's estate when she passes away?
Asked on Nov 01st, 2013 on Estate Planning - California
14 ANSWERS
3 Awards
I t depends upon how it is titled.... Are they joint tenants or is he merely a signatory? This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Nov 07th, 2013 at 9:21 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe. It depends on what their intent was in creating the joint account. If it's all mom's money, and she just put brother's name on the account so that he could write checks for her (a really bad idea that is way too popular) then the account should become part of her estate. However, the presumption is that her intent is that the joint owner be the sole owner of the account when she passes away it's just brother's money. The presumption can be overcome by evidence of her intent that it be in her estate, but nobody ever thinks about that, so there's never any evidence.
Answered on Nov 06th, 2013 at 11:34 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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It is a joint account and one of them dies, it belongs to the survivor.
Answered on Nov 06th, 2013 at 11:33 PM
Thomas Edward Gates
No, it goes to your brother.
Answered on Nov 06th, 2013 at 11:33 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Depends on how the persons are titled on the account.
Answered on Nov 06th, 2013 at 11:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not unless you can prove that he was added for convenience only and not as a distribution to him from your mother.
Answered on Nov 06th, 2013 at 11:32 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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No. There is a presumption that your brother owns the account now that one of the joint account holders has died.
Answered on Nov 06th, 2013 at 11:31 PM
No, if it is a joint account, your brother will be the owner.
Answered on Nov 04th, 2013 at 1:41 PM
No, if your mother and brother are joint on the account, the account becomes your brother's when you mother passes.
Answered on Nov 04th, 2013 at 1:41 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. In most cases, the account becomes your brother's in the event of your mother's death. There are some exceptions to this, but they are pretty rare. If this is not your mother's intent, then she needs to make changes in order to fulfill her objectives.
Answered on Nov 04th, 2013 at 1:41 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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It depends on how the account is set up. If it your mother's money, but she put your brother's name on the account for convenience, it is your mother's money, and part of her estate.
Answered on Nov 04th, 2013 at 1:40 PM
I depends entirely on how the account was set up. You should consult an estate planning attorney once you have that information.
Answered on Nov 04th, 2013 at 1:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not if it is a joint account, it will become 100% your brother's when you mother dies. If that is not the real intent correct it NOW!
Answered on Nov 04th, 2013 at 1:40 PM
2 Awards
Probably not. It depends on exactly how the account is titled. The bank should release the funds directly however, without it becoming part of your mother' estate.
Answered on Nov 04th, 2013 at 1:39 PM