Legal Question in Wills and Trusts in Pennsylvania

My boyfriend died and I am 18 was pregnant. He had a CD with around 200k from his grandmother. His mothers name was listed on the account as well. Do the unborn have any entitlement to the savings or can the mother have everything because her name was on the account. PA resident. Thank you


Asked on 6/01/13, 4:44 am

1 Answer from Attorneys

Its not clear from your post how the CD and savings account were titled. Joint bank accounts usually are left to the surviving person on the account, so if the boyfriend and his mother had a joint account, money in the account goes to the mother. Regarding the CD, if the mother was a beneficiary, then the money would pass to her. I am not sure if CDs are like bank accounts. If the CD was held by your boyfriend and his mother, it might all go to the mother. If not, then 1/2 might belong to the mother and 1/2 would go to boyfriend's estate.

Wills or intestacy laws only address probate assets. Bank accounts are non-probate assets. I don't know what else besides the CD that your boyfriend owned, but I suggest that if you are pregnant with the boyfriend's child, then you should consult a probate attorney NOW. Paternity will have to be established once the child is born, but if you can prove paternity, then the boyfriend's child would be entitled to inherit whatever probate assets boyfriend had.

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Answered on 6/02/13, 11:03 pm


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