Will my brother have any claim to our assets? 6 Answers as of June 10, 2013My mother & I own 2 properties together in "joint tenancy w/ right of survivorship" & on all of her bank accts. I am listed as co-owner of the accounts. We have done this to avoid having to do a formal will. My question is...with these in place, will my half brother (we share our mother) have any claim at all to these properties or the bank accounts when she passes? Thanks.
Burnham & Associates | Stephanie K. Burnham
Joint Tenancy with Right of Survivorship is legally 100% ownership by two or more people. Your mother owns 100% of these assets, so do you. As a result, these assets are not subject to Probate Court (unless you and your mother pass) and since they already belong 100% to you, when your mother passes they are not subject to her Will or any claim by your half-brother.
Answer Applies to: New Hampshire
Theodore W. Robinson, P.C. | Theodore W. Robinson
You are correct. You half brother will have no claim to those items that in joint tenancy with your mother. He may have a right to other aspects of her estate, if anything else exists, but not to those items you've mentioned.
Answer Applies to: New York
The Schreiber Law Firm | Jeffrey D. Schreiber
At the death of one joint tenant, all property in the joint tenancy passes to the remaining joint tenant or tenants. Since the deceased has no interest at the instant of their death at the remaining joint tenant now owns everything, there is nothing to to pass to anyone else and nothing to claim.
Answer Applies to: California