Legal Question in Wills and Trusts in Pennsylvania

can a joint checking account of a beneficiary and the deceased which was not part of the Estate

be deducted as a distribution to the beneficiary and subtracted from his share of the Estate without his permission? The family settlement for which he signed showed a share of $28,000 but when he received his check the executors added an exhibit A deducting the amount that was left him in the joint account and sent him the balance. Can this be legal? The inheritance report clearly showed that the checking account was not part of the Estate.


Asked on 5/22/10, 7:30 am

1 Answer from Attorneys
Rachel Hunter

I would have to see the family settlement agreement. You are correct that joint checking accounts are not usually part of the estate, but did the agreement relate otherwise? Were the funds needed to pay estate claims and the balance distributed to the heirs?

I think that the beneficiary of the joint account needs to see a probate lawyer pronto and object to the distribution.

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Answered on 6/03/10, 4:24 pm


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