Legal Question in Wills and Trusts in North Carolina

Which of the women died? What other assets did the dead woman own? What other debts did she owe? Who is the executor? Beneficiaries? How is the house titled?

The generally regarding joint checking accounts is that the surviving person gets to inherit what is in the account. The joint checking account funds pass outside of probate. However, if the estate is short of cash, it may need to reclaim the funds into the estate to pay the bills of the estate. In such case the fundsd would be used to pay estate expenses which may or may be fore the repairs to the house.

It also depends on which of the women made the deposits and which of them died. If the survivor could show that she is the one who made the deposits and that this was her money all along, then maybe the estate would not be able to reclaim the funds even if needed.

You also don't indicate how the house was titled. If the house was solely in the name of the deceased woman, then the house would go to the daughter as per the will. But the daughter does not get a right to raid the joint checking.

You do not indicate if you are the daughreer or the surviving partner. If you are the executor, then I would take the will to a probate attorney and get advice regarding probate of the estate and what the executor is or is not allowed to do. I would also see what actual or potential claims there would be against the estate and review what funds are available to pay those claims. If there is not enough money, claims are paid in order of priority. In discussing this, Iwould advise the lawyer about the joint account and see whether any or all of the funds can be reclaimed by the estate.

If you are the surviving partner, I would also have the will reviewed and advise the lawyer about the joint checking account. I would not spend any funds in the joint account until it is determined that t the estate does not need the funds to pay expenses.