checking account and will

[eddiej416]

What is the name of your state? Illinois

Hi,

I am a caretaker of elderly people, and one woman decided to make her checking account a joint account with me. at the time, i've been taking care of her for about 4 years. about five years after that, her health declined and was moved into a home. I told her that since i was no longer working for her, she should remove my name from the checking account, but she said no. she died a year later. i went to the bank and the bank told me that the money was mine, so i moved it to another account. recently, i got a letter from a lawyer threatening to sue me if i don't give the money to her estate. in her will, it doesn't say anything specifically about this particular account, but it does say that anything she owned, individual or jointly, shall be distributed herein this document. i would like to know if i have to give the money back, or am i entitled to it? the checking account was a survivor account and not a convenience account. i am just getting nervous because i don't want to go to court, but i would like to know my rights. thanks.

 

[seniorjudge]

Tell the lawyer, "I have something in writing that says the old gal wanted me to have it. That something is the joint checking account she signed and I signed. So, I have to ask you, what do YOU have in writing that says anything different?!"

 

[Dandy Don]

How much money are we talking about here?

The money is yours and if ANYONE asks you about it, including the lawyer, tell him to go look up the concept of right of survivorship and also tell him the bank said it was yours. You will not be sued--he is just blowing smoke trying to illegally get your money.

DANDY DON IN OKLAHOMA ([email protected])

 

[eddiej416]

the amount is about twenty thousand dollars. could a will distribute a joint account if the other member is still living? everything i read says it can't, but this lawyer says it can and he claims some law that was passed last year allows it.

 

[Zigner]

Sure, the will can distribute any portion of it that belongs to the decedent. But, that's the rub...once she died, it no longer belonged to her.

 

[Dandy Don]

Anything this lawyer tells you needs to be double checked with another lawyer and by looking at the law yourself. Jointly sometimes is referring to the spouse, but it's hard to see how that would apply here if her name was not listed on the account.

DANDY DON IN OKLAHOMA ([email protected])