Legal Question in Wills and Trusts in Florida

I am executor of an estate for my aunt that passed away. We have a joint account I am able to write checks. Her name is first on the account. Since she passed away does the money belong to me or to her estate?


Asked on 8/07/13, 10:54 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

If it was a "joint account with right of survivorship" it belongs to you. If was joint merely for writing checks, no.

Read more
Answered on 8/07/13, 10:58 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

It depends on the title to the account as Mr. Slater points out. If survivorship, you are entitled to the funds. If not, it likely is an estate asset. Clarify with the bank.

Read more
Answered on 8/07/13, 11:01 am
Dean Bress Bress Law Firm

There are three possible results and two of them aren't good. If the account is titled just as a "joint account" with nothing more, then the account should be part of the estate; if the account reads as David Slater suggests, then, as he correctly states, you're a winner. But if the account was set up as a convenience account (you need to explore the account title and the records at the financial institution), then you lose again. Both Messrs. Slater and Stein have it right and I am not at all surprised.

Read more
Answered on 8/07/13, 12:30 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida