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
1 Answer from Attorneys
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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