Legal Question in Wills and Trusts in Massachusetts

Re: Join Account Question

Although jointly owned property normally passes to the survivor without probate,if you made no deposits to the accounts, other heirs and creditors, including taxing authorities can claim that adding your name to the accounts was merely for convenience to assist your Mother in paying her bills and that the funds remain hers at death and must pass through probate.

If there is a large sum of money involved, your Mother should consider retaining an attorney to devise an estate plan for her assets. Good Luck!

Re: Join Account Question

What I think she means is that jointly-owned property is not counted in a deceased person's probate estate.

Instead, jointly-owned property will pass automatically at death to the other joint owner.

Although there will be a presumption at your mother's passing that you are entitled to the funds in the joint account, that presumption may be rebutted by evidence that only your mother made deposits, or that the account was placed in your joint name for convenience only, or so you could help your mother manage her assets.

If your mother has any concerns, she should speak with an estate planning attorney, who can create a plan to deal with her property upon death or incapacity.

Re: Join Account Question

if it is a true joint account, then the money will pass directly toyou without going through probate.

However,notwithstanding that presumption that the money is yours, there is a possibiilty that claims can be asserted against the estate and those monies.

Re: Join Account Question

if it is a true joint account, then the money will pass directly toyou without going through probate.

However,notwithstanding that presumption that the money is yours, there is a possibiilty that claims can be asserted against the estate and those monies.