Legal Question in Wills and Trusts in New Jersey
Claim to a decedent's joint bank account
I am mentioned in a will to receive money that is in a joint savings account of the decedent and the Executrix of the will. The will states specifically that the money in this account is to go to me. To date the accounting on the estate has been closed, and I have not received the money. The attorney who handled the probate says that I have no claim to the money because the Executrix is the beneficiary of the account, and as such it is her money. It is my understanding that if it can be shown that the Executrix contributed less than 50% to this account I have a claim to the money. Is this true? I believe she was put on this account only as a convenience because the decedent was very elderly. Secondly, does the will supercede the ownership of the account? And lastly, is there a way that I can request the bank records on this account without going through an attorney?
1 Answer from Attorneys
Re: Claim to a decedent's joint bank account
This is a fairly common problem dealing with the ownership of probate and non-propate assets.
A joint account is a non-probate asset and as such is not controlled by the will, but passes to the surviving joint owner by operation of law.
If you want to challange the ownership of the account you will need a lawyer and you will likely need to file a lawsuit. The outcome of the case will depend on the facts surrounding the account. If the account was merely a convienience account, you may be able to argue the decedent's intent was to pass this account to you regardless of the title on the account. However, you will have the burden of proof to overcome the presumption of joint ownership.
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