Legal Question in Wills and Trusts in Massachusetts
When a Will is in contradiction to joint accounts
My father died leaving a will about 3 months ago. The will states a 50-50 split to his two children. In reality he put 99% of his assets in joint accounts with his two children. One child joint account about 98% of assets and the other 2%. The child receiving the 98% will not communicate with the other child as to a fair sharing as mentioned in the will. In the last month before passing away my father was diagnosed as being psychotic and the Doctor said he probably had been so for his entire adult life. He always had a warped sense of logic living in his own world and being verbally abusive to both children. What legal action can I the 2% person take against my sister and what are the chances of success as well as being cost effective. The estate is not subject to Federal Estate tax but is still substantial.
Thank you
1 Answer from Attorneys
Re: When a Will is in contradiction to joint accounts
Your is not an uncommon problem. Without examination of the account holder agreement signed by your father, I cannot give you a definite answer. However, I presume that the document provides for payment upon death to the survivor.I do suggest that you engage an attorney to try to obtain the best negotiated settlement.
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