Volunteering Joint Account to be Probated?

Submitted by Mayflower on Thu, 07/26/2012 - 14:50

MA Estate Planning Law (Wills/Probate) Questions and Answers

If a surviving joint account owner, the son/daughter of the deceased, wishes to share the account funds with siblings (because she understands that to have been the intent of the deceased), may he/she voluntarily turn the funds over to be probated? Would a court allow that? (If a sibling can sue for that to happen, it seems that the court would be happy to avoid a hearing and allow that.)

Joint Account Holder

Submitted by BostonLawMan on Tue, 08/14/2012 - 15:34.

A joint account owner has full legal right to dispose of the assets of the account at his/her discretion. Instead of going through probate, you surviving owner may "gift" the money to whomever he/she chooses.

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