Legal Question in Wills and Trusts in Ohio

Re: bank acccounts in probate case

Let me restate your question. Your mother and your brother had both of their names on an account at a bank. Your mother has now died and you are wondering if the money in the account belongs in her estate. If the account was a joint account, a rule of property law controls the money rather than estate law. Property held jointly, and this includes joint bank accounts, passes to the other named joint owner or owners without the need of going through that the deceased owners estate. Nearly all bank accounts in more than one person's name our joint accounts and this rule applies to them. If this is a very rare circumstance where the bank account is a tenancy in common rather than a joint account, then the deceased owners share of the joint account would have to pass through the decedent's estate.

Re: bank acccounts in probate case

This is an issue that you can fight, depending on the circumstances. He is correct that he has access to the funds, but that can be a matter of convenience. What did your mother want? Did she prepare a will and provide for you? Is there anything else in the estate for you? If not, it is something you can fight.