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Valid Will v Joint Accounts

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F

Family Member

Guest
My father-in-law passed away in Jan 2000. His will, probated in 1974, left his estate divided equally between a charitable foundation and his three children. He had remarried 6 years ago. Within the last few years he found that he was terminally ill with cancer. Also, over the last few years, he transferred his financial assets into joint accounts with his wife. His wife, therefore, states that in the State of Michigan she will retain all monies due to the Joint nature of accounts.
Are the children and the foundation entitled to share in his estate as he stated in his will?
 


ALawyer

Senior Member
First, his Will may have been signed in 1974, well before his death, but it could not have been proabted before his death!
Second, only the property in his own name -- not joint name property -- passes by Will.

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F

Family Member

Guest
I stand corrected...the Will was written in 1974 and Probated in 2000. I guess the real issue is; The heirs believe that his resources were placed in Joint Accounts to ease any financial burden placed on the family in dealing with his severe illness. In other words, why would he have written a Will that includes them and then excluded them by the use of joint accounts. He could have easily changed his will. Thanks for your earlier response.
 
F

Family Member

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ALawyer:
First, his Will may have been signed in 1974, well before his death, but it could not have been proabted before his death!
Second, only the property in his own name -- not joint name property -- passes by Will.
<HR></BLOCKQUOTE>

 

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