Legal Question in Wills and Trusts in Georgia

Joint Bank Account

My mother passed away and I was on her banking accounts. My mother trusted me to make sure that her funds were not wasted and to make sure that all her hard labor had not been in vein. Does her husband and my stepfather have any legal rights to her funds or can I distribute them as she entrusted me to do so.


Asked on 11/16/08, 9:10 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Joint Bank Account

We do not know all of the terms of the account, but accepting your representation that the funds were your mother's funds, they would be distributed according to her will or, if no will, under state law. Had your mother wanted to control her estate, she could have done so in a will, trust, or other appropriate method (and perhaps she did). Attempting to go around this process and exercise control over property of her estate can lead to lawsuits and perhaps even criminal charges. The executor/administrator would have a duty to take steps to obtain estate property.

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Answered on 11/16/08, 9:33 pm


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