Joint Accounts

[cpmath]

What is the name of your state? New York
My aunt and I had joint bank accounts, my attorney said I must claim these under Probate even though they are non-probatable items. Is this true or can I withhold this information?

 

[pojo2]

So who you trying to hide the info from? How was the account titled? Part might indeed have to be probated, seems your Atty would know the answer better than we who do not have the documentation in front of us.

 

[Dandy Don]

Attorney is BS'ing you so he can claim a larger percentage fee as executor. He knows that the accounts pass outside of probate, so go get your money.

DANDY DON IN OKLAHOMA ([email protected])

 

[cpmath]

I'm not trying to hide anything from anyone. I was just wondering if this was a way for my attorney to raise his fees because of the amount of the joint bank accounts. These accounts were joint accounts with a survivor option. The attorney already has told me that these accounts will NOT be probated, then why would he have to know they even existed?

 

[pojo2]

The attorney already has told me that these accounts will NOT be probated, then why would he have to know they even existed?

If the estate is large enough to require a Federal Estate Tax Return/State Estate Tax Return then these accounts, though they do not go through probate, must be listed as part of the estate. I have not prepared an Estate Return in several years now but I believe that is the way it is done.