Do I need to file a Will if there is only a small checking account?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I need to file a Will if there is only a small checking account?

My aunt recently pass ed away. I am her personal rep. All assets were

liquidated for her nursing home care. All that is left is a small checking account which was joint with me.

Asked on July 1, 2018 under Estate Planning, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When a person dies, any joint accounts that they were listed on then become the sole property of the surviving owner. Accordingy, in this case, this means that you are entitled to the funds in the bank account without the need of probate. However, any assets that were in your aunt's name alone would have to be probated. That is unless, they are below a certain value, in that case you may be able to trnsfer them via a small estate procedure or even just an affidavit, depending on specific state law. You can google information regarding small estates using the name of the applicable state.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption