If your partner of 3 years has you on their jount accounts, can their son take this money from me?

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If your partner of 3 years has you on their jount accounts, can their son take this money from me?

Her son is the executor of the estate.

Asked on March 19, 2014 under Estate Planning, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you and your partner were joint tenants with a right of survivorship. then you would receive the funds upon the death of your partner.

If you and your partner were not joint tenants and your partner left a Will, the Will is controlling as to disposition of the funds in the account.

If your partner died without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.  Under intestate succession, if there had been a surviving apouse, the surviving spouse would inherit the entire estate.  If there is no surviving spouse, the estate will be divided equally among your partner's surviving children.  If there is a deceased child, who had children (your partner's grandchildren), the grandchildren inherit the share that their deceased parent would have inherited had that parent survived.


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