8 thoughts on “WHO GETS THE JOINT ACCOUNT?

  1. My sister died April 1st. She had a joint account with a Granddaughter. The Account passed to Granddaughter. My Sister also was PR of my Mothers Estate and issued checks to Heirs & Grandchildren, before some of the checks could be deposited she passed away & the Granddaughter stopped payment on 3 checks. I was able to get those check re-issued by insisting that those monies in my sisters account did not belong to my sister & therefore did not belong to the Granddaughter but had to go through my Sisters Estate Attorney. I contend that because this issue had nothing to do with my Sisters Estate, it falls outside of Probate and that the Granddaughter is responsible for any charges incurred by using the Estate Attorney, That Heirs should not be charged with Attorney’s Fees while he represented her, in what I consider is a private matter. Am I correct?

    • Bill,

      It is difficult to understand your description of the facts. Were the three checks written on the estate account (of your mother)? If so, how could the grandchildren stop payment on the estate account, unless one of them was appointed executor? How could you get the checks reissued unless you were appointed executor? Your narrative then goes on to talk about those monies in “my sister’s account.” I am confused about the path of the cash and how various parties have interfered without being appointed executor.

      Dave

  2. Sorry, No. My Sister, while executor used her Checking account & co-mingled Mom’s Estate monies with personal. Issued checks from her personal account to satisfy my Mother’s Estate. there were 3 checks outstanding when my sister passed away. The Granddaughter was also a Joint signatory to my sisters checking account & had the account transferred into her name shortly after my sister’s death, causing the rejection of those 3 checks. I got them re-issued by supplying letters & documentation to my Sisters Estate Probate Attorney. The Executor of my Sisters Estate is the Granddaughter. My basic questions are. Is the Joint account which transferred automatically to the Granddaughter part of My Sisters Probate or is it completely separate. If it’s separate, like I believe, how can the Probate Attorney represent the Executor (the Granddaughter) in an issue concerning the account she acquired through Joint survivorship?

    • Well i need help 6 years ago my grandfather died w a will that i was an equal 1-4 estate $500 well that didnt matter much cause he had an edward jones acct. That he had ended up turning the bulk of his estate into cash by aelling house and shop because my grandmother hurt herself on the farm. my aunt got them to move to stayton to anaasusted living place. And tbere she was providing undue influence through a confidential relationsbip with my grandpa and when my

      • Alan,

        I think you have a great case for undue influence. Two attorneys who will fight for you and do a good job are:

        Jessie Y Minger
        Fitzwater Meyer et al
        6400 SE Lake Rd Ste 440
        Portland OR 97222
        503 786-8191
        jminger@fitzwatermeyer.com

        Bruce M Weinsoft
        6500 SW Macadam Ave Ste 300
        Portland OR 97239
        503 445-0855
        bruce@weinsoftlaw.com

        Dave

    • Bill,

      What a mess. Comingling personal funds with an estate account is a big “no no.” In all events, the joint account is probably not a probate asset. The big exception is that the account becomes a probate asset if your sister named her daughter as joint owner merely as a matter of convenience and without intent to confer a gift to her. There is probably a conflict of interest if the attorney represents the granddaughter in her efforts to remove the account from the estate. It is probably OK for the attorney to represent the granddaughter as executor by filing a petition with the court asking for instructions. Two attorneys who will fight for you and do a good job are:

      Jessie Y Minger
      Fitzwater Meyer et al
      6400 SE Lake Rd Ste 440
      Portland OR 97222
      503 786-8191
      jminger@fitzwatermeyer.com

      Bruce M Weinsoft
      6500 SW Macadam Ave Ste 300
      Portland OR 97239
      503 445-0855
      bruce@weinsoftlaw.com

      Dave

  3. Thanks Dave
    I understand the issues of co-mingling. However, this is a family that responsibly carried out the requirements of my Mothers Will. The problem arose because of my Sister’s death.
    According to my Sister’s Probate Attorney, the Joint Account was not an Estate Asset. The Account went directly to the Granddaughter, who is PR for my sister’s Estate. If the Joint Account is not an Estate Asset, how can The Attorney legally represent the Granddaughter in a claim against the Account?

    • Bill,

      I would call Bruce Weinsoft, who specializes in this type of stuff.
      Bruce M Weinsoft
      503 445-0855

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