Legal Question in Wills and Trusts in Michigan
Joint Checking Account
My brother passed away and left a will leaving all to his step daughter He put my name as joint owner on his checking acc. Now she is wanting me to turn it over to her. Is the checking acc. subject to Probate? or is it mine.
2 Answers from Attorneys
Re: Joint Checking Account
The money is yours, unless your name was on the account strictly as a convenience. There is a statute giving you a presumption in your favor. this means that the stepdaughter would have to present evidence to show that the account was set up merely as a convenience in order to overcome that presumption. Withdraw the money and let her bring the legal action for return of the funds. William S. stern
Re: Joint Checking Account
A joint checking account should not be included in the probate estate. It generally passes to the surviving account holder who, apparently, is you. The step-daughter should have no claim to it based on the facts you have provided.
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