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My dad married his second wife 6 years ago. She ...

Sent to Legal Experts June 19 07:07 AM

My dad married his second wife 6 years ago. She recently died and her will left all of her assets to her children. Most of their money was in joint bank and brokerage accounts (all of which was his money he brought to the marriage). Does all of the money in these joint accounts go to my dad (right of survivorship)? Or does some go to her children?

 

Optional Information:
Londonderry, New Hampshire

Already Tried:
instructed to remove deceased name by Lawyer who is now on vacation and unavailable.

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
June 19 7:12 AM (4 minutes and 58 seconds later)
         
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If funds were deposited into the accounts by both then it is both his and hers. She can not will assets to children that she herself did not obtain during the marriage. I would strongly suggest that you retain an attorney. Find out who the Personal Representative is for her as this is the person who will probate (if needed) the will and disburse funds. I suggest that you contest the will. Find an attorney who can file for you. She can leave her children funds that are hers and can be proved. But she can not will funds from a joint account solely to her children. Let me know if you need further assistance.

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June 19 7:17 AM (4 minutes and 49 seconds later)
         
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June 19 7:22 AM (5 minutes and 27 seconds later)
         
They did deposit funds into the accounts but the funds deposited were all my Dad's. Does this make a difference?
Customer (name blocked for privacy)
Answer
June 19 7:24 AM (1 minute and 15 seconds later)
         
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yes, but you would have to prove it.

 

ASSETS OWNED AS A JOINT TENANT: Assets such as real estate, automobiles, bank accounts and other property held in joint tenancy will pass to the surviving joint tenant upon your death, not in accordance with any directions in your Will.

http://www.silverilaw.com/massachusetts_wills_lawyer.html#Do%20Massachusetts%20Wills%20Apply%20to%20Everything%20I%20Own



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