What to do about a joint savings account that is not being distributed as per a deceased’s wishes?

UPDATED: Feb 20, 2013

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What to do about a joint savings account that is not being distributed as per a deceased’s wishes?

My dad has a Will with 2 of us as trustee’s on it; it reads that all assests are to be divided equally between all siblings. I am on my dad’s bank account checking and savings account as joint owner. He has CD that’s shows pay on death to 6 on the account. If something was to happen to my dad, would the checking and savings need to be split also? It is his intention to leave the checking and savings to me only. What is the best way for this to be handled? The bank assures me that the funds would not go into probate.

Asked on February 20, 2013 under Estate Planning, Nevada


Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

The bank is essentially correct. However, the transfer upon death to you, could possibly be challenged as father's will says onething and the account says another; the claim of the other heirs is you were put on the account for convenience purposes only to write out his checks and pay expenses, and that funds should be included in the estate for distribution purposes to all heirs. Seek the assistance of probate counsel that has experience in probate litigation.

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