Legal Question in Wills and Trusts in New Hampshire

No will

My uncle died without a will, a few years back he put his sisters name on his checking accounts and his house. Can she keep it all with 3 other sisters involved/


Asked on 5/27/07, 10:38 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

Re: No will

In order to answer your question I would need to examine the documents. If title is established as "joint tenants with rights of survivorship," there is a presumption that the survivor inherits. However, if it can be proved to the satisfaction of the court that there was no intent to create a joint tenancy, the court may avoid the joint tenancy. In that event, the property would pass under the laws of intestacy since there was no will. The passage of so much time since the death, with no protest, would generally indicate that no one was concerned abou the presumptive joint tenancy.

You should consult with an attorney for a thorough examination of all of the facts.

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Answered on 5/28/07, 7:54 am


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