Legal Question in Wills and Trusts in Florida

Joint account funds after death

My dad's wife passed away. She had one savings acct that was jointly listed with her mother. My dad & his wife live in FLA & her mother in NY. The money actually was my dad's and wife's. His mother-in-law does not want it and wants my dad to have it. She is 98 and is concerned that about the tax and how it will affect her medicare/medicaid eligibility, etc. What can she do to have the money sent to my dad without affecting her.


Asked on 8/31/07, 5:18 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Joint account funds after death

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Since the monies were held in joint names, I am not sure if the mother can give up her interest in it. The title to the account automatically belongs to the joint tenant upon the death of one of the joint tenants. This is different from an estate where ownership lies with the estate until it is actually transferred and a party can renounce his or her right to a bequest. You should probably speak with the legal department for the institution(s) and see what they might require or if they have any suggestions.

Scott R. Jay, Esq.

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Answered on 8/31/07, 11:50 pm
Robert Roemer Robert Roemer

Re: Joint account funds after death

If are the exact facts are true the mother-in-law would need to file a disclaimer of her share of the inheritance so it would be distributed to your father.If you need further help e-mail me your phone # so I can call you to discuss.

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Answered on 8/31/07, 5:40 pm


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