Legal Question in Wills and Trusts in Virginia
dealth
my mother passed away. her bank account was in her name but her son could write a check for her if needed. since her dealth does this money fall to this son are does it have to be devided with all remaining children
Asked on 8/24/07, 9:20 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: dealth
If the son was on the account jointly with his mother, he now is the owner of the funds in the account. However, if the intent of the mother was that the funds should be divided between the heirs, then he should transfer the
funds into an account for the estate.
If the son was merely writing a check for his mother pursuant to a POA, then upon her demise, the POA was without legal effect and the funds in the account would automatically belong to your deceased mother's estate.
Answered on 8/24/07, 10:38 am