Legal Question in Wills and Trusts in Florida
my mom died recently naming in her will, my sister as executor of estate, however my mom and I(her son) shared a joint savings and checking account. Will she as the executor have access to the joint account mentioned ?
Asked on 2/22/16, 10:36 am
1 Answer from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
Impossible to answer this without knowing how the account was actually specifically titled. If joint tenants with rights of survivorship, the accounts passed to the joint account holder upon death and will not be part of the probate Estate. If held as tenants in common than the interest of the decedent would pass to the probate Estate. More information is needed. The person in charge of an Estate in Florida is a personal representative NOT an executor.
Answered on 2/22/16, 10:39 am
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