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? 21 Answers as of November 07, 2013

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The Taylor Law Office L.L.C.
The Taylor Law Office L.L.C. | Ian A. Taylor
An account is held jointly if more than one person is on the account. This is technically a non-probate asset that is not considered part of the estate if when only one of the account holders passes away.
Answer Applies to: South Carolina
Replied: 11/6/2013
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, the answer may depend on how the bank account is titled, but generally joint accounts are not part of the first dying joint titleholder's probate estate, but are included in the taxable estate.
Answer Applies to: Maryland
Replied: 11/6/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
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.
Answer Applies to: Oregon
Replied: 11/6/2013
Gates' Law, PLLC | Thomas E. Gates
No, it goes to your brother.
Answer Applies to: Washington
Replied: 11/6/2013
Donald T. Scher & Associates, P.C.
Donald T. Scher & Associates, P.C. | Donald Scher
No. It becomes your brother's account, unless your mother takes him off as an owner and just makes him an authorized signator.
Answer Applies to: Arizona
Replied: 11/6/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    It is a joint account and one of them dies, it belongs to the survivor.
    Answer Applies to: California
    Replied: 11/6/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    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.
    Answer Applies to: Nevada
    Replied: 11/7/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Probably not unless you can prove that he was added for convenience only and not as a distribution to him from your mother.
    Answer Applies to: Idaho
    Replied: 11/6/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    No. There is a presumption that your brother owns the account now that one of the joint account holders has died.
    Answer Applies to: Oregon
    Replied: 11/6/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Depends on how the persons are titled on the account.
    Answer Applies to: California
    Replied: 11/6/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If your mother and brother are listed as joint owners, or if the account is "payable on death" to your brother, the account is not part of your mother's estate when she dies.
    Answer Applies to: Minnesota
    Replied: 11/6/2013
    Robert E. Giffin | Robert E. Giffin CPA
    Depends if account is JTWROS or Tennant's in Common.
    Answer Applies to: Ohio
    Replied: 11/4/2013
    Estrada Law P.C. | Michele Ungvarsky
    No, if your mother and brother are joint on the account, the account becomes your brother's when you mother passes.
    Answer Applies to: New Mexico
    Replied: 11/4/2013
    Danville Law Group | Scott Jordan
    No, when she passes, the bank account automatically becomes your brothers' property outside of the estate.
    Answer Applies to: California
    Replied: 11/4/2013
    Frederick & Frederick PLC | James P Frederick
    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.
    Answer Applies to: Michigan
    Replied: 11/4/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    No, if it is a joint account, your brother will be the owner.
    Answer Applies to: Michigan
    Replied: 11/4/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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!
    Answer Applies to: Michigan
    Replied: 11/4/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    Depends if it is a joint account with right of survivorship in which case the survivor owns it or just a joint account. If a joint account then the person whose money is in the account is the one to whom it belongs. So in your example if the monies were your mothers, then they would belong to her estate.
    Answer Applies to: Texas
    Replied: 11/4/2013
    James Law Group
    James Law Group | Christine James
    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.
    Answer Applies to: California
    Replied: 11/4/2013
    Law Offices of Frances Headley | Frances Headley
    I depends entirely on how the account was set up. You should consult an estate planning attorney once you have that information.
    Answer Applies to: California
    Replied: 11/4/2013
    Attorney At Law | James G. Maguire
    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.
    Answer Applies to: Louisiana
    Replied: 11/4/2013
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