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Will states one thing: Brother says another.

My mother and her brother are named in my grandmother's Will to split things 50/50, but he lived near my grandmother, and was on her account, to write checks for her. Now that she has passed, he said he gets the money in her account. Can he just take the money even if the Will says they are supposed to divide it?


Wills legally cover the distribution of property in an estate. They don't cover (even if they mention) property that never makes it into the estate.

For example, if the account in question was jointly owned by your grandmother and uncle, with rights of survivorship, the account became your uncle's property at the moment of your grandmother's death, and would not have been part of her estate. If the executor or administrator of your grandmother's estate believes that the estate has a valid claim on those funds, the estate will have to take up the matter with the probate court.

Published on BankingQuestions.com 11/05/09