Legal Question in Wills and Trusts in Pennsylvania

My stepmom and I have joint bank accounts. She just passed away. Am I required to pay her bills with that money or can I withdraw it? I live in PA.


Asked on 8/29/14, 3:10 pm

1 Answer from Attorneys

Where you are at is irrelevant. Where did your stepmother live at the time of her death? Whose money was in the joint accounts? Hers, yours or a mix? When did she die? Did she have a will? If so, is there a named executor and have they probated an estate?

If there is no will, who are her heirs at law under the intestacy laws of the state where she lived at the time of her death? Usually this would be a spouse (if she was married) and/or any biological or adopted children or grandchildren. If there are no lineal descendants and no spouse, then the law would look to her parents and any siblings. If not, then the law looks for nearest relative but the statutes provide a cut-off point.

Your step-mother's estate is responsible for her bills if she had probate assets. Depending on the state, it may be possible for a personal representative to reclaim the money which belonged to her from any joint bank accounts so that the estate has money to pay her bills. Really, you would not want to be the personal representative if there is no will because you would not be an heir unless she adopted you.

if there are no probate assets of value (house, land, cars, jewelry or some other valuable asset), then I would get a copy of the death certificate and write a letter to the creditor advising that step-mother had an account, that step-mother died, that you are not personally liable for step-mother's debts, that step-mother had no relatives, that step-mother had no probate assets and that an estate will not be probated for step-mother and you suggest that the creditor just close their account and not bother you about the debt any more. Send the letter by certified mail. If you have done that then you can take the money.

Otherwise, I suggest that you consult a probate attorney who practices in the county/state where your step-mother lived at the time of her death. I would pay the attorney to review the will, if any, or review the intestacy laws and see where things stand and what the law is in that state with regard to joint bank accounts. if the law is that the funds in the joint account go to a survivor automatically, then take the money and go have a nice life because you are not obligated to pay your step-mother's debts unless you signed something to make you personally liable.

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Answered on 8/29/14, 4:17 pm


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