Legal Question in Wills and Trusts in North Carolina

if someone dies and you are a beneficiary of a bank account does that have to go into the estate before you can get it


Asked on 6/28/12, 6:44 am

1 Answer from Attorneys

Yes and no. The rule is if this is a joint account and someone dies, then the funds remaining in the account go to the survivor. The problem is that the funds remaining in the bank account can be re-claimed by the estatte if needed to pay any claims.

Since I don't know when the decedent died, whether an estate has been probated, what the decdent owned and owed, or whether there are probate assets, I would advise you to consult with the personal representative of the estate or a probate lawyer to make sure that it is ok for you to access the funds. You want to make sure that you don't take the funds and then be in a position of having to pay all or a portion back to the estate.

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Answered on 6/28/12, 12:17 pm


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