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.

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Answered on 8/24/07, 10:38 am


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