QUESTION

Is my mom entitled to everything that used to belong to my dad, including the money he asked me to keep in my bank account?

Asked on Feb 14th, 2020 on Estate Planning - New Jersey
More details to this question:
My dad recently passed without a will (in Las Vegas). Several years ago he gave me some money and asked me to keep it in my bank account (I live in NJ). My mom wasnโ€™t aware of the money until a few weeks ago when I said I got it from dad and Iโ€™d use it for his medical care. Unfortunately my dad passed away too soon, and now my mom wants me to cut her a check with all the money, including interest. Is she really entitled to all of it? Apparently dad never told mom about the money. Iโ€™d do the same as mom is not trustworthy. Iโ€™d rather split it with my sister.
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2 ANSWERS

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If the money in the account is in your name, then it is not part of the estate.  Ther eis something called an "account of convenience" where someone adds a name to an account to make it more convenient to write checks.  However, if the account is solely in your name, I don't see how your mother can make a claim to it.     
Answered on Apr 13th, 2020 at 12:21 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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Wills Attorney serving Austin, TX
2 Awards
The money belongs to your father's estate and passes under the Nevada laws of heirship.
Answered on Feb 15th, 2020 at 6:08 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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