Legal Question in Wills and Trusts in Ohio
Wills
My aunt passed away recently, my name and her name were on joint checking, savings account. She did not want it to go to probate, is this money to go to me or to estate?
Asked on 2/20/08, 10:36 am
1 Answer from Attorneys
Robert Rosplock
Rosplock & Perez
Re: Wills
By establishing a joint account, your aunt has created the presumption that the money was to be yours at her death. The presumption can be overcome only by showing factors such as fraud, duress or undue influence on your part.
You can go to the bank and remove the funds anytime you wish without waiting for probate.
Answered on 2/21/08, 8:36 am
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