What are my rights regarding a joint bank account?

My dad did not put his bank account in a Trust. I am on the bank account with him. He did this so that I could pay his bills and split the money 3 ways with siblings. His bank won’t let me take the money out and make cashier’s checks to the 3 of us. They want me to put it in his Trust. Again he did not want his bank account going to his Trust. Is this legal for the bank to deny me?

Asked on November 7, 2013 under Estate Planning, Indiana


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

It depends on what his will and trust documents say.  If they say that all bank account funds are to pass to the trust when he dies, then that is what happens.  However, if the joint bank account was held as joint tenants with rights of survivorship, that will trump the trust and will.

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