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.
2 Answers from Attorneys
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)
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.