Legal Question in Elder Law in Pennsylvania

You do not indicate what state the accounts are in. Usually the rule is that monies in jointly held accounts pass to the survivor at death. In NC where I live, the usual rule is followed but the executor can also reclaim the funds back into the estate if they are needed to pay bills.

Without knowing more about what state the estate is pending in or why the estate attorney thinks these are estate assets, no lawyer can really comment.

Have you talked this over with the estate attorney? The short answer to your question is that IF these are estate assets, then yes, you do need to turn these over to the estate or else the attorney will get a court order making you turn this over. If the estate attorney is mistaken, then no, you do not need to turn them over. However, it would be courtesy to explain why you are not turning them over and to point out why you believe that you are entitled to retain the funds.

If you cannot have a cordial conversation with the estate attorney, then I suggest that you consult with an experienced probate attorney who practices in the county/state where the estate for your mother is pending and get a clear answer as to whether jointly held bank accounts in that state are considered non-probate assets which pass to the survivor regardless of whose money contributed to the account. You also need to find out whether any of the monies can be reclaimed by the estate. Depending on what you find out, you may then hire the probate lawyer to write a letter on your behalf to the estate lawyer explaining why the estate is not entitled to the monies.