Legal Question in Wills and Trusts in Ohio
Checking account after death
My father recently passed away. My parents have been divorced for 10 years. We found out that he had this other woman on his checking account with him. She is married to someone else. On the day of his memorial service she closed the account and took the $1100 that was in it. Is there anything we can do about this? He had a TON of debt. Can she get in trouble because that money should have gone into his estate to pay off all his creditors? My father and this woman live in Ohio.
2 Answers from Attorneys
Re: Checking account after death
Under New York law, if the account was a joint account, by law the funds pass to the other account holder. The money passes outside the estate. However, you should look toward Ohio law since your father and the woman lived in that State. Since I do not practice in Ohio I am not qualified to give an opinion.
Mike.
Re: Checking account after death
If the girlfriend was a joint owner of the account and the account was a survivorship account then she is entitled to the money. The money would not be part of your father's probate estate. It doesn't sound like she will have a problem. She will not have to turn the money over to the estate.
Good Luck
DHD
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