Legal Question in Wills and Trusts in New York

If a person has a joint bank a/c with her domestic partner and leaves another bank account to her son and me her IRA, do we need to go to probate. We are both on her will and power of attorney

Asked on 7/23/22, 7:39 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Joint accounts and any asset with a designated beneficiary automatically goes to the joint account owner and beneficiary without probate of a Will. Individual owned assets having no death designation and only passing by Will requires probate. Giving the bank account a “payable on death” designation might avoid the need for probate.

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Answered on 7/23/22, 2:17 pm

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