Legal Question in Wills and Trusts in Michigan

Proving convinience of joint tenant account

How do I prove that an account was set up in joint tenancy for convienence not gifted to the other joint

owner? The will states everything is to be divided

share and shrare alike.


Asked on 1/12/02, 7:55 am

2 Answers from Attorneys

John C. Talpos Talpos & Arnold

Re: Proving convinience of joint tenant account

Hello, I have received a copy of your e-mail regarding joint accounts. There is a statutory presumption that joint accounts are meant to pass to the other joint holders upon the death of one of them. It is difficult to overcome that presumption, but it can be done. The best way is to have something in writing from the deceased. proof can also be presented by showing that the deceased told people that the account was meant as an accommodation, that is a method to make it easier for him/her to handle financial matters. Showing that the account was only used for the benefit of the deceased is some proof, but not adequate by itself to overcome the presumption. The fact that all of the other assets are to be divided equally will also carry some weight; but again, probably will not be sufficient. If you need further information feel free to call my office. Probate matters are an area of concentration for our firm. Good Luck. John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 1/12/02, 8:52 am
William Stern William Stern, P.C.

Re: Proving convinience of joint tenant account

You prove it like you would anything else....with witnesses and other evidence.There is a presumption against you so it may be difficult. You need a good trial lawyer familiar with trying cases in probate court.

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Answered on 1/12/02, 8:59 am


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