Legal Question in Wills and Trusts in Florida
When a checking account is in 2 names and 1 person dies does the balance go into the estate of the deceased?
My mother had a checking account in which her pension and SS was deposited and a money market account with my sister. Mother suffered from demensia for several years and in Hospice care up until her death on 1-1-2012. When she died, my sister continued to use the account for her own needs. Her reason being that, "Mother wanted me to." I was under the impression that when a joint account holder dies the account is frozen until the will is probated. Is that true and what is my recourse? The will states that I receive 50% of her estate.
2 Answers from Attorneys
If bank checking is in a joint account, the death of either joint holder does not
preclude its use by the survivor. This is one advantage of a joint account. You could
confirm this by contacting the bank.
I suggest you get a lawyer or your sister will spend all of the income in that account and rightfully so until you challenge her. Meaning if she did not deposit the funds into that account you could get an accounting as to what portion was your mother's and therefore what share belongs to you. However, once it is gone - well - you will have to sue your sister.
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