My father added my name to his personal bank account less than two monthes before his passing. The account had rights of survivorship. I had...

Question

My father added my name to his personal bank account less than two monthes before his passing. The account had rights of survivorship. I had not contributed funds to his account (only secondarily by accumulating interest on the money). When he was ailing, I found some highly questionable activity (check writing) tied to his girlfriend. Since she had access to his personal checks, I removed a substantial portion of the funds out of concern. The funds were in my personal bank account at the time of his death. His former girlfriend is named as a beneficiary (as am I) in his will. Through unfortunate circumstances, she became administrator after the named executors dropped off. Can I be pursued for the funds by the estate (her)? Would the money be considered a probate asset? What are my options?

Answer

If the amount in question is significant by your standards sit down with an attorney and review what happened.

Based on what you have stated the funds were not probate assets if they had remained in the checking account.

Good luck to you.

Answer

If your name was on the checking account, then the amount remaining in the account would have passed to you as of the moment of death and this would not be a probate asset. However, I don't know where your father lived at the time of his death. Laws of states differ and it may be possible to reclaim the funds into the estate if there is not enough money to pay the bills (I am not talking about dividing assets between you and the girlfriend, but bills or other expenses of the estate).

I don't understand why the girlfriend became executor of the estate. She can be removed and if there really is questionable check activity, maybe you should pursue this option or get her to agree that whatever she took from your father will come out of her share of the estate.

Given the circumstances, I would take the will and any other pertinent documentation (like the evidence you have of questionable check-writing) and talk with a probate lawyer in the county/state where your father lived at the time of his death and pay the lawyer for 30-60 minutes of his/her time to review the documents and render an opinion as to whether it is necessary for you to seek removal or give back any portion of the funds.