Legal Question in Wills and Trusts in New York
Dad dies intestate-joint checking account with mom
Simple question. My dad passed away intestate. He and my mom had a joint checking account. She wants to maintain the account at the same bank, but remove his name from it, listing only her own. Should there be any problem with this ?
3 Answers from Attorneys
Re: Dad dies intestate-joint checking account with mom
I am sorry for your loss.
In answer to your question, none whatsoever. Just show the bank the death certificate and they will make the change. This is called a "Tottentrust" and passes to the other party automatically by law.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Dad dies intestate-joint checking account with mom
Mom can merely change the account to a new account in her name only. She might have to provide a tax waiver, but probably not. This depends upon the aggregate size of the estate.
Re: Dad dies intestate-joint checking account with mom
With a copy of the death certificate, no.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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