Legal Question in Wills and Trusts in North Carolina
a parent and adult child shared a joint account. a cashier's check from this account was made out with both names on the check and the account closed. several years later the check remained
uncashed and the parent died. would this check be considered part of the parent's estate?
1 Answer from Attorneys
The rule in NC is that generally if two people own a bank account and one dies, the proceeds go to the survivor unless they are needed to pay any claims against the estate. How could the account be closed without the check being cashed? However, one need to see the bank cards to make sure the bank account was set up this way.The adult child named on the bank account should talk to the bank officer and get the funds. Otherwise, an estate will need set up and the funds, or a portion of them, will need to be delivered to the personal representative of the estate and deposited into the estate account.
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