Legal Question in Wills and Trusts in Georgia

the executor of my mother's will. At the time of her death the bank account & CDs were jointly in both our names. When disturbing the assets (will stated assets were to be distributed equally) is only 50% of the bank account & CDs considered in the distribution? I. E. Half of the bank account & CDs are already mine, since they were jointly held accounts.


Asked on 11/28/14, 7:27 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since there are huge negative repurcusions for pro se mistakes in probating an estate, stop. You have to retain counsel. Joint accounts are NOT part of the estate at all. The fact that you are messing up such basic steps almost guarantees you will eventually face an expensive suit for dereliction of your fiduciciary duty. Monday morning get a lawyer and stop winging what is more complex than you think it is.

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Answered on 11/28/14, 8:16 am

Attorney Ashman always beats me to the punch! He is correct. Jointly held bank accounts or cd's do not become part of the estate at all so whatever the will says about them is irrelevant. Money in those accounts are passed to the survivor automatically. In some states though (like in NC) joint back accounts can be reclaimed by the estate if needed to pay bills. Did your mother live in GA at the time of her death or elsewhere? Who is the executor of her estate? Was the will and a petition for probate filed? What other assets are there in the estate? What other debts?

I also would agree with Attorney Ashman that Law Guru, while providing a valuable service, is not a substitute for sitting down with a probate attorney who practices in the county/state where your mother resided at the time of death. If nothing else, allow the attorney to review the will and ant other documents that have been or will be filed, and review the list of assets/debts or potential debts and tell you what will be the general process.

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Answered on 11/28/14, 1:10 pm


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