Legal Question in Wills and Trusts in Pennsylvania

Re: Joint Bank Accounts & Probate

I am a Pennsylvania attorney and state in law is controlling.

The cash in the joint checking account will pass to you without any probate.

If the will stipulate assets to be divided you may need to offer your siblings some money but if she has no other assets than they probably are not going to get anything.

You probably do not need even need to probate the will.

However you do need to speak with an attorney. My office can be reached at 412-916-1677.

Re: Joint Bank Accounts & Probate

Pennsylvania state law is controlling. As a Pennsylvanai based attorney it is my opinion that since you are joint account holders the assets in the checking account pass to you automatically regardless of the will.

All other assets can be split however if she has none than your siblings get nothing and you porbably will not have to probate the will.

You should speak with an attorney to confirm and get her affairs in order.

My firm can be reached at 412-916-1677 we are in the Pittsburgh area.

Brandon Barnett, Esq.

Re: Joint Bank Accounts & Probate

You will probably not have to file for probate since it sounds from your description as if there are no estate assets to be administered. However, your question does raise questions:

1. Is the bank account really joint tenancy with right of survivorship, or are you on the account as a joint signor?

2. Does the Will mention the bank account?

In any event, you should consult with a qualified trust and estate lawyer before taking action, even if probate filings are not necessary. You should guidance from a lawyer where your mother lives.

Re: Bank account and siblings

Louise Aron

Attorney at Law

Lakewood Office:

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Denver, Colorado 80209 USA

(303) 780-7339

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LawGuru User

Dear LawGuru User:

I am not licensed in Pennsylvania and will advise you using my knowledge of Colorado Law. You need to check with an attorney in Pennsylvania.

Under Colorado law it would appear from what you said that there will be no probate. However, to prevent a problem in the event that an asset has been overlooked, and for clarity among the survivors about your mother's wishes, I advise you to have your mother do a Will.

In addition, the bank account documents need to be examined to be certain that the account passes to you outright on your mother's death.

Also note that use of funds in this manner, without probate or an accounting, can result in suspicion among surviving siblings. I don't have enough information to evaluate whether or not this will occur in your case, but in many instances it is wise to discuss these matters with siblings prior to a parent's death, not after.

Thank you for using LawGuru.

Sincerely,

Louise Aron

Attorney at Law

Web site http://effectnet.com/la/