Joint bank account

[pcrussell]

What is the name of your state (only U.S. law)? Arizona

My brother and mother were joint owners of a bank account so that he could pay her bills for her. The account was without right of suvivorship. My brother, who never contributed any money of his own to the account, says the account money should all go to him. Would this be correct? The estate is being probated in North Carolina but the bank account was in the District of Columbia.

 

[JETX]

My brother, who never contributed any money of his own to the account, says the account money should all go to him. Would this be correct? The estate is being probated in North Carolina but the bank account was in the District of Columbia.

As a joint owner, he has the right to go to the bank right now and withdraw ALL of the funds. I strongly suggest the executor handle this account before he does.

 

[Farfalla]

And exactly how do you propose the executor "handle" it now? Original poster's contention that the account was "without right of survivorship" is probably not even correct, and the money WILL go to the brother under right of survivorship, just as he claimed.

So this removes the account from her estate as soon as she died, right? So there is not way to use this money to pay her debts now that she has passed away????

 

[colourfastt]

So this removes the account from her estate as soon as she died, right? So there is not way to use this money to pay her debts now that she has passed away????

Correct assessment

 

[JETX]

Did your mother give your brother a signed power of attorney?

What a stupid ass post. Why would you even think that the brother have a POA... when he is a JOINT OWNER of the checking account in question??
Another stupid post by 'Dandy Dunce'.

 

[JETX]

There is a reason I asked this question but I don't have to explain it to you. He could have used the POA to illegally and incorrectly use it as justification to add his name to the account at the bank.

Okay, DUNCE.... I will type real s-l-o-w so that even you can follow along.
First, YOU are the one who brought up the assumption of a POA. There is NOTHING in the thread to even suggest it. Then, after YOUR imaginary POA, you extend MORE magic and ask if this imaginary POA was somehow used "to illegally and incorrectly" use YOUR imaginary POA!!
What a stinking pile of crap.
You make up something, then ask if it was misused!!

And YOU are the one who is truly clueless since you still have not given exact specific details to your very questionable contention of exactly how the executor can claim money in an account that has someone else's name on it as joint co-owner.

Are your really this stupid?? I guess your question proves you are. As a JOINT OWNER of an account, the OWNER can take the money out at anytime. The co-OWNER can simply go to the bank, present their ID and proof of signature.... and withdraw the funds.