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bank account vs. will

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mcsnurd

Junior Member
My wife's relative passed away recently, and my wife was the sole beneficiary of her estate as specified by the will. The relative had a bank account, where my wife and another relative were joint account holders. They were on the account to help pay bills, etc... From the FAQ of this site, I gather that the bank account is outside the scope of the will. So how are my wife and relative expected to divide the funds in the bank account? 50/50?

Just to confirm my understanding of the FAQ in a pretend scenario: If my wife was not a joint account holder on the bank account yet was the sole beneficiary according to the will and someone else was a joint account holder, my wife would have no right the funds in the account and the other person would have rights even though they were not named in the will. Correct?

Thanks in advance.
 


anteater

Senior Member
You know, when you start a new thread, there is a question asking your state. It is there for a reason. Probate and property law varies by state.

Since you did not mention the state, about the only answer that can be made is:

You are likely correct unless your wife wants to go to court and contend that the account was for convenience only - joint ownership was not intended - and that it should be part of the estate. Some states will entertain that argument; some won't.
 

curb1

Senior Member
It depends how the account was titled at the bank. Easiest will be to go to the bank and ask them the question. But, generally you are most likely correct.
 

BlondiePB

Senior Member
It depends how the account was titled at the bank. Easiest will be to go to the bank and ask them the question. But, generally you are most likely correct.
Correct for what country? :confused:

The OP deleted the question asking the name of the state. Please be more careful and make sure that the name of the state is included prior to replying, curb1. Thank you.
 

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