Follow
Share

My elder partner added me to two of his accounts one month before passing and left the biggest one for his sisters to divide. They got an Estate and appoint an executor. The estate lawyer have called from me asking me to bring proof of when my parter added me and the statement for the month he passed. Do I have to provide these to them?, The bank told me the funds were mine immediately after his dead.

Genera, just because an attorney sends a letter and requests information doesn't mean you need to comply, it's a scare tactic that people fall for.

I would just send a letter, keep a copy, that states you will not be providing information on a joint account and thank you for your time.

The executor would be able to get the information from the bank if it was required by law but, since they aren't going that route, they are up to something and I bet it is no good.

Did your 45 year honey have a will that you have seen? Are you also an heir for other assets? If you are, they are trying to use the joint money to fulfill that, that would be my thoughts.

I am so sorry for your loss. Then the complications of sisters as executors.

May The Lord give you strength, guidance and comfort during this new season in life.

I would encourage you to seek out an attorney consult, state laws vary and after 45 years it can be argued that assets were gained mutually, meaning you have rights. Like if the house was purchased in that time together, 45 years shows some joint efforts, please speak with an attorney to protect yourself.
Helpful Answer (0)
Reply to Isthisrealyreal
Report

If the bank says your the owner, then open your own account and transfer the money into your new acct. Ask the bank if they could write a letter saying what date you were added and that at the point of your partners death, the money became yours. They can include a statement with how the bank acct looked at time you were added.

I would not put any money into that new acct nor would I withdrawl it until probate is finalized. I also would not give the lawyer any information concerning this new acct. An Executor should be able to get any bank info on brother prior to you being added, I would think. Once you were put on, Executor may need your permission to get a statement. I may consult with a lawyer to see if you have to give the Estate lawyer any info.

Best thing your partner could have done was make you a beneficiary of the acct, POD. Then there would be no question who was entitled to the money.
Helpful Answer (3)
Reply to JoAnn29
Report

I am assuming the Sisters WANT IT ALL. If your partner was competent in his mind, had never been suggested by any MD to be incompetent, then when he was ill he had every right to add you to his accounts. The bank is correct. If he added you as co-owner you need only a copy of his death certificate (public record) to collect those accounts and have them put in your name only wherever you like.

If there is any amount of any value in those accounts you need now YOUR OWN ATTORNEY. Meanwhile you do not owe any information to anyone until you have a court order requesting it.
SEE AN ATTORNEY (probate or Trust and Estate) NOW.
Helpful Answer (1)
Reply to AlvaDeer
Report

Because the timing of when you were added to the account maybe looks suspicious to them. I can't say I blame them for questioning it. You don't say how long you were with your partner (and I'm sorry for your loss), but if it's been a while it begs the question of why you weren't added a long time ago. If you haven't been together very long -- again the timing doesn't look good.

From the bank's policy, yes it technically became your money the moment your partner passed.

I don't think the Executor has the legal ability to get past statements when he was still alive (but I'm not positive about this). But now that he is deceased this may be possible. So, even if you don't provide it the Executor may still be able to request it from the bank, or the lawyer may request it.

Do you have to provide the statements? Have you asked the Executor why they want to see them? Just ask them the reason.

My Aunt recently passed this January. I was her PoA, then Executor and now Personal Representative for her estate. I've been on a learning curve working with the elder law attorney through the probate process. If I were you I would be very careful about spending any of the money in that account until you know why they want the statements. Probate can take several months.
Helpful Answer (5)
Reply to Geaton777
Report
Genara2025 May 8, 2025
Hi, we were together for 45 years and he always gave me all I needed. The only reason he decided was because he was very depressed after the dead of our son and he best friend started to advised him in what about if something happens to you and your family leave Genara on the streets. He was not sick when he added me, he caught a stomach virus that got complicated.
(2)
Report
See 1 more reply
Ask a Question
Subscribe to
Our Newsletter