My parents opened a joint checking account with Bank of America when they were Maryland residents, but my father also had individual savings account without any beneficiaries listed on the account. My parents moved to Massachusetts in Aug'2009 and notified bank about move. Unfortunately, until his death (12/31/2010), My father was under impression that all accounts were joint account. According to bank, they are unable to disburse funds in savings account to my mom because it needs to be probated according to Maryland state law. According to Maryland state probate Attorneys that I consulted, it needs to be probated in Massachusetts because my father lived in Mass. at time of his death. Funds in the account are about $7000 and Massachusetts law does not require probate for amount less than $10000. My mother is currently unemployed and it will be very difficult for her to go through probate process in Maryland as she is Massachusetts resident.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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