Legal Question in Wills and Trusts in Indiana

checking and savings accounts

my uncle passed away in april with no will. I am on his checking and savings account. does this have to go through probate for tax purposes or can I just have his name removed from the accounts


Asked on 6/16/07, 3:48 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: checking and savings accounts

If you were a joint owner on the account, you can transfer the money to your own account. If you were a pay-on-death beneficiary, you will for sure need to prepare a Consent to Transfer (which the bank might require anyway). The bank probably has the form and will tell you what to do. In any event, you should be able to acquire the funds without probate -- unless some one thinks you defrauded the uncle and files an action to make you disgorge the assets. You owe inheritance tax on that portion of the money which you did not contribute to the account.

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Answered on 6/16/07, 4:02 pm


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