Legal Question in Wills and Trusts in North Carolina
if someone dies and you are a beneficiary of a bank account does that have to go into the estate before you can get it
1 Answer from Attorneys
Yes and no. The rule is if this is a joint account and someone dies, then the funds remaining in the account go to the survivor. The problem is that the funds remaining in the bank account can be re-claimed by the estatte if needed to pay any claims.
Since I don't know when the decedent died, whether an estate has been probated, what the decdent owned and owed, or whether there are probate assets, I would advise you to consult with the personal representative of the estate or a probate lawyer to make sure that it is ok for you to access the funds. You want to make sure that you don't take the funds and then be in a position of having to pay all or a portion back to the estate.