Using Joint Accounts to Pay Palm Beach Guardian

Can you use a Palm Beach joint account with a right of survivorship  to pay Palm Beach guardianship expenses ?  Or…… does the Palm Beach joint account “go” automatically to the named joint account holder?  Who wins ?   If you are a family member, heir at law or your name is on a Palm Beach joint account, you may want to read this Delray Beach Guardianship Case.

Palm Beach guardianships seem to be increasing.  And not just because we are growing older and “grayer” as a society.  There seem to be more adult children taking a legal stance when it comes to whether mom or dad is going to need a Palm Beach guardian.   In Palm Beach probate circles or in Palm Beach guardianship circles, we refer to this as “contested guardianships.”

Recent Delray Beach Courthouse Case Goes to Appeal

There is a very recent Palm Beach guardianship case, decided just last week, which deals with the issue of a joint account.  And who inherits the joint account with the right of survivorship when there are guardianship expenses outstanding in the Palm Beach Guardianship.

Things to Remember About Joint Accounts & Guardianships

• Guardianships are heard in the Palm Beach Probate Courts
• The Palm Beach Probate Courts are located on PGA Boulevard in Palm Beach Gardens, downtown in West Palm Beach (the Main Courthouse) and on Atlantic Avenue in Delray Beach
• Those that provide services to the Palm Beach guardianship need to be paid
• Guardianship Costs and expenses which were reasonable during the Palm Beach guardianship need to be paid
• Joint accounts with the right of survivorship go automatically and by operation of Florida property law to the named beneficiary on the joint account — the survivor

If a joint account has a right of survivorship, can you use those funds after the owner dies to pay guardianship expenses which existed pre death?   The Palm Beach appeals court which hears Palm Beach guardianship appeals ruled on this issue.   If you are involved in a litigious Palm Beach guardianship, and there are joint assets or joint accounts or even beneficiary designations like life insurance, annuities, IRAs and pay on death accounts, you may want to read this case.