Legal Question in Wills and Trusts in New Jersey

Re: Joint Account

First, it would depend how your sister was named on the account. Assuming that 50% belongs to the Estate, you can make an adjustment against her interest in any other assets of the Estate. If there are none, you must bring a Court action to recover the money.

Re: Joint Account

Richard only partially answers your question. By law, a true joint account passes outside probate (Will or administration). The real question you must answer is What was my father's intention when the account was created? If his intention was that this account go to your sister if she survived him, she is entitled to it. If his intention was merely to accomodate her having signature authority to assist him if he could not write checks, make deposits, etc., the result might be different. The burden of proof will be on you to show only an accomodation account was intended, and this could be hard to prove. Plus, litigation will be necessary, which can be time consuming and costly. You have a business decision to make, including if the expense and time, plus the resulting family disharmony, is worth the effort.