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