Legal Question in Wills and Trusts in Indiana
joint bank account
My aunt passed away 2 years ago.She had a bank account jointly with my name on it. It has been learned that she had a will that her neighbors more than likely influenced her to sign. She left a house in her name only. Will these neighbors be allowed to get the house, her bank account, and her insurance policy? I am in the will and it states 50-50 to myself and the neighbors. I am her beneficiary on her life insurance policy also. Can it be proven that these neighbors coerced my aunt in any way? By the way, they are listed as executors of the will. I took care of my aunt's business. She held accounts jointly with my name and my bank account had her name jointly. How could it be that the neighbors are the executor and not myself? It is becoming more and more evident that they were after her possessions all along. I was informed they inquired about her insurance policy without my knowledge and they were told I was the beneficiary and would only deal with me. I have a cousin whose father (my aunt's brother) lived with my aunt for many years. Does she stand a chance at anything? Thank you for any answers. My aunt's name is the only name on the deed.
2 Answers from Attorneys
Re: joint bank account
My first question is: If your aunt passed away 2 years ago, what has been happening since? Has any of the property been transferred?
My next question is whether there has been an estate "opened" in probate. If so, the court has jurisdiction over these assets and you have a place to go to inquire about distributions.
If there is no probate estate, I'm wondering how any of the transfers have taken place.
If you were on your aunt's bank account as a joint tenant, then the account would pass directly to you and would not become a part of the estate.
There are quite a few issues here that you really need to review with an attorney before anyone can properly advise you.
Please feel free to call me or e-mail me any time to discuss.
Good luck to you.
Re: joint bank account
When you have joint bank accounts, the joint owner becomes the owner and it is NOT part of the estate. A will must be file in the Circuit Court of the county in which your aunt lived. If not, the person in possession of the will may be subject to criminal prosecution. Please call for an appointment.
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