Legal Question in Wills and Trusts in Michigan
Bank account vs. will
The will states that the heirs are entitled to 1/6 of the estate. The bank account has only the name of one of the heirs on it. Her name was on it to help my aunt with her banking, bills, etc. Is she entitled to 100% of the money in the bank account or as the will reads are we all entitled to 1/6 of everything?
2 Answers from Attorneys
Re: Bank account vs. will
The heir on the account should only be entitled to her 1/6 share of the estate. If this heir decides to try and receive more based upon her being named on the account, you may have to fight her in court, and prove that her name was not present as an owner, but only to assist the deceased.
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Re: Bank account vs. will
The threshold question should be if the 1/6 share of estate less or more than the 100% of the bank balance. If more, then 100% of the bank balance can be used to satisfy her portion of the estate. If not then you need to show the intent and purpose of the deceased for putting the name of her niece on the bank account. Normally a good will should spell it out especially in case of non-spousal joint accounts.
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