Legal Question in Wills and Trusts in New Jersey

Re: Probate Checking Account

While you may be able to claim ownership in your mother's joint accounts, I suggest you probate the Will in any case. Depending on the value of the estate, and on the other beneficiaries [if any] there may be estate/inheritance tax waivers which must be obtained prior to transfering the joint accounts into your name. There may also be estate and/or inheritance tax due. I suggest you contact a trust and estates attorney to help you.

Re: Probate Checking Account

Traditionally, joint accounts do not need a Will to be probated or any other type of probate procedure for the joint account holder to cash in the balance. However, you do not mention if you have siblings who might have a share in the estate, or you are the only heir? Likewise, you do not say how or why the accounts were created? Did your mother intend for you to have the balances in the accounts, or was your name merely added as an "accomodation" to allow you access to them for your mother's benefit if she could not do this herself? If there are siblings and your mother only intended these to be "accomodation accounts" claims could be made that part belongs to your siblings. More information is needed to provide a more complete response.