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mbabdbjb Asked October 2014

Does my brother's wife get any of the money my Mom left in her bank?

My mom who broke her hip at 96 has lived with me for the last five years, and next door for the last 20 years she does not drive so I had to go to part time work to take care of her, 4 years ago I had to quit my job to take care of her, nor my brother or his wife has contributed to her caregiving . Does my brother's wife get any of the 100,000.00 she left in her bank, with me as co acct holder?

PrettyGood Oct 2014
we need more information about the type of account and also it might depend on what state you reside.

katiekat2009 Oct 2014
This sounds like it is outside of probate and, in that instance, she would get what you want her to have. If she didn't help, why would you give her anything? Where is your brother? Does he have any children who might like a small gift from grandma?

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JessieBelle Oct 2014
What Freqflyer wrote about Rights of Survivorship is more correct in your case than the Payable on Death.

JessieBelle Oct 2014
Is your brother still alive? If your mother died without a will and the account is not payable upon death, as freqflyer mentioned, then the state will decide where the money goes. If there is a spouse, it usually goes to the spouse. If not, and there are children, it is divided among the children. If the money in the account does become yours after death, then you can do as you feel fits the situation.

jeannegibbs Oct 2014
Do you mean to you have to give money to your SIL out of the goodness of your heart? No.

As freqflyer points out, the type of joint account you had is important.

pamstegma Oct 2014
You need a copy of her Will and you need a lawyer to sort out the Estate. The Estate means the house, the car, the money, the CD, everything.

freqflyer Oct 2014
In regard to joint accounts it all depends on the type of survivorship stipulations associated with that joint account. Is the account *Joint Tenants with Rights of Survivorship* or *Tenants in Common"?

The *Joint Tenants with Rights of Survivorship* means the other person on the account receives said money.

The *Tenants in Common* needs to go to Probate to decide who receives said money if there is no Will.

mbabdbjb Oct 2014
there is no will, but I am on a joint bk acct with my mother, i was asking if i should give my brother's wife, who is better off than I, (because i have not worked in years,taking care of my mother) my mother did have a cd or something in my brother's wife name ,I think it is around 20,000.00

julie1956 Oct 2014
If it is a joint account, with you as one of the account holders, it is yours. Wills have nothing to do with bank accounts.

realtime Oct 2014
What does her will say?

If there's no will, the law in your state says who gets what.

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