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.
Answered on 1/05/09, 4:51 pm
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: right of survivorship
NO -- even if it is being probated.
Answered on 1/05/09, 5:18 pm
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