If there are 2 people on a bank accounts and 1 of them dies, what is the right of the survivor as to the account?

UPDATED: Mar 28, 2013

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If there are 2 people on a bank accounts and 1 of them dies, what is the right of the survivor as to the account?

The remaining party is not in the Will.

Asked on March 28, 2013 under Estate Planning, New Hampshire


Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

In this situation, the person whose name is on the account usually receives the account, no matter what the will says.  Most states presume that joint account holders own the account jointly with the right of survivorship.  In that instance, the account passes to the joint owner upon the death of the other owner. Check with an estate lawyer in your state, but I bet that account now belongs to the joint owner.

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