Legal Question in Wills and Trusts in Florida

right of survivorship

I have a joint checking account in FL (with right of survivorship) with my stepfather. He passed away on 12/3/2008. My question is, can what is written in a will, that is not being probated, supersede the ROS.

Thank you for your time.

Asked on 1/05/09, 4:42 pm

2 Answers from Attorneys

Joseph Seagle Joseph E Seagle PA

Re: right of survivorship

If it is truly a right of survivorship account or a "payable on death" account, then it passes outside the will directly to the named survivor.

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Answered on 1/05/09, 4:51 pm

Alan Wagner Wagner McLaughlin, P.A.

Re: right of survivorship

NO -- even if it is being probated.

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Answered on 1/05/09, 5:18 pm

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