QUESTION

my father recently passed away. He was due to receive inheritance money from his aunt. He and my mom shared a j acct.

Asked on Mar 24th, 2014 on Trusts and Estates - Georgia
More details to this question:
My question is can my mom deposit this into their joint account? He was left some inheritance money from his late aunt. Thanks.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your father. Unfortunately, no, your mother should not deposit his inheritance into a joint account which she held with him, as upon his death that account became 100% hers and his money should no longer be deposited into it. Your mother should take steps to open your father's probate estate, either by offering his Will for probate or seeking the appointment of an Administrator if he didn't have a Will. The estate will then receive the inheritance your father was to receive. Your mother may want to consider making a year's support claim, especially if there is no Will, but the check to your father should be deposited into his estate's account, and the estate should be properly administered to help ensure that any debts he may have had can be put to rest correctly and that the remaining inheritance assets, along with any other probate assets which remain after the estate has been fully administered, are distributed to the correct beneficiaries in the correct proportions.
Answered on Mar 25th, 2014 at 7:15 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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