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Whose bank account is it anyway: the Palm Beach estate’s or the joint tenant?

Uncategorized Apr 8, 2015
post about Whose bank account is it anyway: the Palm Beach estate’s or the joint tenant?

Let me guess: you are involved in Probate Palm Beach and there is an    inheritance case over a bank account, right?  Maybe a brokerage account with $ 1 Million of stocks, bonds and mutual funds sitting inBoca Raton.  Or, perhaps a checking account has $250,000 in it as part of a revocable trust Delray Beach…only one problem:  the executor of the will doesn’t know who to give the bank account to…what do you do?

Does the bank account go to the estate or the joint tenant?

  • Here’s what seems to be a recurring set of facts which leads to probate litigation West Palm Beach.
  • The account opening documents say something like tenancy in common Florida or joint account with right of survivorship Delray Beach or maybe
  • The Florida bank account is a POD sitting in Boynton Beach
  • BUT….

Did your rich aunt believe the account would go to the estate or be split 5 ways?

  • What if , despite what the bank account statement says or what the account opening documents say, your rich aunt who died with Million $ in Jupiter, Florida now has anestate being run in the Palm Beach Gardens Probate Court
  • And people swear !  (swear !) that your rich aunt wanted the bank account to “go” a different way than what the statement says or what the bank document says….
  • Even though your rich Boca Raton aunt “checked a box” on the bank form when she opened it
  • Who wins this probate lawsuit Palm Beach?
  • Do you go by what the bank account documents say?
  • Or what you know your aunt wanted?
  • Who wins the bank account or does it go through probate?
  • Consider reading a 2012 4th DCA (Florida) appeals court decision on a probate case from Delray Beach
  • 37 Fla. Law Weekly D 460
  • 80 So 3d 1097
  • Palm Beach appeals court case No. 4D10-4437