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Joint Checking and Probate

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smosteller

Junior Member
What is the name of your state (only U.S. law)? LA, California

Long story short... I had Power of Attorney for my mother, and took care of her. My brother had only seen her twice in the past year. We had a falling out because we had to take him to court for money he borrowed from my mom ($40,000). We got it back, and we was so upset, we never heard from him. He had also abused my mom verbally and physically (pushed her around). She was so upset with him she told me if there was any money left after she passed, she did not want him to get any. After she received the above-mentioned money, she received an addition $40,000 from a trust. Again, I was Power of Attorney, I was on a joint checking account with her (me being the primary)... paid her bills, etc. She was always in the ER for some infection or another, etc... I took care of her. He saw her right before she passed away, only because I had emailed my niece to let her know my mom wasn't doing well. She has been gone for 7 months, no word from him. UNTIl... he got word that she had received the additional $40,000. Now he wants all account for everything or we go to probate. Because of the way he treated my mom, I don't feel obligated to him. Let's go to probate. Now... my question is... Because I was on the joint checking as primary, do I legally have to account for anything?
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? LA, California

Long story short... I had Power of Attorney for my mother, and took care of her. My brother had only seen her twice in the past year. We had a falling out because we had to take him to court for money he borrowed from my mom ($40,000). We got it back, and we was so upset, we never heard from him. He had also abused my mom verbally and physically (pushed her around). She was so upset with him she told me if there was any money left after she passed, she did not want him to get any. After she received the above-mentioned money, she received an addition $40,000 from a trust. Again, I was Power of Attorney, I was on a joint checking account with her (me being the primary)... paid her bills, etc. She was always in the ER for some infection or another, etc... I took care of her. He saw her right before she passed away, only because I had emailed my niece to let her know my mom wasn't doing well. She has been gone for 7 months, no word from him. UNTIl... he got word that she had received the additional $40,000. Now he wants all account for everything or we go to probate. Because of the way he treated my mom, I don't feel obligated to him. Let's go to probate. Now... my question is... Because I was on the joint checking as primary, do I legally have to account for anything?
Take it to probate - that likely should be done anyway.
Without knowing EXACTLY how the account was titled, it's difficult to give you an answer, but it sounds to me like the money in the account would probably pass to you outside of probate.

For this amount of money, it's DEFINITELY worth a consultation with an attorney.
 

Dandy Don

Senior Member
You are not required to account for anything. The money automatically became yours when the death occurred, under the concept of right of survivorship, which means that anyone's name who was on the account as co-owner automatically becomes the owner. Tell your brother and his attorney to look up the definition of the term "right of survivorship" in a legal dictionary or on GOOGLE so they can learn what it means.

DANDY DON IN OKLAHOMA ([email protected])
 

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