Legal Question in Wills and Trusts in Georgia

If my father and I had a joint checking account and he passed away, My sister filed to executor of his estate, does she have any legal rights to the money that was in our joint account. I have since closed the account after my father's death.

Asked on 6/17/10, 7:28 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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Curiously, you don't tell us whose money was in the account and the source of the funds. Without that, you won't get a meaningful response or the ammo you might be looking for.

Answered on 6/17/10, 10:34 am

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Rachel Hunter

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The answer is it will depend. Usually the rule is that the other person listed on the checking account inherits any funds that are in the account at death. If there are enough assets in the estate to pay any claims, then the person on the bank account keeps the funds. If there are not enough assets to pay any claims, then the executor may need all or a portion of the funds to pay the bills.

Of course, you and the executor need to see what claims there are, what assets there are and what other heirs there are. Sometimes it is necessary to come up with a family settlement agreement to avoid possible litigation and this may or may not agree with the dispositon intended by your father.

Answered on 6/17/10, 10:39 am

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