Legal Question in Wills and Trusts in Michigan
convenience account
What is needed to present clear and convincing evidence that an account was set up as a convenience account? The party the account was intended for was not named in the account; a written agreement regarding the terms and conditions of the account was not executed . . .
1 Answer from Attorneys
Re: convenience account
Whatever it takes to show that the decedent did not intend the account to become the property of the survivor. Show conditions or circumstances revealing that the account was set up so that bills could be paid by the joint holder for the convenience of the other account holder with no intent that the money should go to the survivor.
The joint account may also not become the property of the survivor if you can prove that when the account was opened, decedent did not have the mental capacity to know or understand that the account would become the property of the survivor; that the account was created as a result of fraud; or that the account was created as a result of undue influence.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
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