Legal Question in Wills and Trusts in Oregon
Bank account after death
My mother died. Three years before she died all her assets were put in a joint account with my brother and myself. Is this money still considered part of her ''estate'' that would be distributed according to what was designated in her will,
or does this account belong solely to the people who are on the bank account?
Asked on 4/19/08, 1:35 am
1 Answer from Attorneys
Susan Burns
Law Office of Susan Ford Burns
Re: Bank account after death
Funds that are in a joint account are generally owned by the survivor of the joint owners. This means that you and your brother own the bank accounts and they are not probate assets that are disposed of by will.
There are some instances where this is not the case, however. Oregon law does allow a look into the intention of the originator of the account in some cases.
Answered on 4/21/08, 12:41 pm