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Beneficiaries Bank Accounts

Rivkin Radler LLP

Joint and Designated Beneficiary Accounts: BEWARE!

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Your friendly neighborhood branch banker suggests that you change all your accounts to either joint with your kids or to name your kids as beneficiaries on all your accounts (a “pay on death” beneficiary designation). ...more

Winstead PC

Court Reverses Temporary Injunction Order Where The Order Failed To Include Reasons For Its Issuance And A Trial Date

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In Quintanilla v. De La Rosa, a defendant appealed the trial court’s issuance of a temporary injunction enjoining her from withdrawing money from a bank account that belonged to a decedent.  No. 13-20-00575-CV, 2021 Tex. App....more

Jaburg Wilk

The Dangers of Joint Bank Accounts

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Adding an adult child as a joint owner of a parent’s bank account seems like a simple and straightforward solution that allows the child to help care for mom or dad without the expense or hassle of preparing powers of...more

Winstead PC

Court Holds That Devise Of “Personal Property” In A Will Included Tangible And Intangible Property, Including Money In Bank...

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In In re Estate of Debra E. Hunt v. Arabia Vargas, a trial court granted summary judgment interpreting a will to devise a large share of the testatrix’s personal property to her life partner. No. 01-19-00216-CV, 2020 Tex....more

Chambliss, Bahner & Stophel, P.C.

Understanding Revocable Trusts

Revocable trusts are an effective way to avoid probate and provide for asset management in the event of incapacity. In addition, revocable trusts--sometimes called “living” trusts--are incredibly flexible and can achieve many...more

Downey Brand LLP

California Courts May Invalidate Right of Survivorship in Joint Accounts

Downey Brand LLP on

Often an aging parent will add an adult child to the parent’s account as a joint holder to assist with asset management or bill payment. However, this may lead to an unintended result in California when the parent dies. The...more

Cranfill Sumner LLP

Top 5 Reasons that Seniors Should Avoid Sharing a Joint Bank Account with an Adult Child

Cranfill Sumner LLP on

As seniors age, many seniors believe that they should add an adult child to their bank account. Purely for ease and convenience, a jointly owned bank account would be a good way for an adult child to monitor a senior’s...more

Winstead PC

Court Affirms Judgment That Power-Of-Attorney Holder Converted Funds By Withdrawing Them From A Joint Account

Winstead PC on

In Fletcher v. Whitaker, a brother withdrew $25,000 from a joint bank account while the owner of the funds (decedent) was still alive. No. 02-17-00138-CV, 2018 Tex. App. LEXIS 8329 (Tex. App.—Fort Worth October 11, 2018, no...more

Burns & Levinson LLP

Account Titling and Beneficiary Designations - Coordinating Key Elements of Your Estate Plan

Burns & Levinson LLP on

After working to finalize your estate plan, you’ve finally signed the documents and are ready to check this daunting task off of your to-do list. Good work, but there are still a few more items to consider and some additional...more

Flaster Greenberg PC

New Jersey ABLE Program Offers a New Savings Option for the Disabled

Flaster Greenberg PC on

Earlier this month, New Jersey joined the list of states with an ABLE Plan. An ABLE account is a special tax-favored disability savings account designed to help individuals living with a severe disability save and manage...more

Obermayer Rebmann Maxwell & Hippel LLP

The Dangers and Pitfalls of Transfer On Death and Payable On Death Accounts

Many commentators and clients today voice a concern with avoiding probate. While this blog is not intended to address the desire or merit in avoiding probate, we will highlight some of the potential traps for clients who seek...more

Clark Hill PLC

A Guide for Challenging a Joint Account Arrangement in Michigan

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Joint bank account arrangements are as useful as they are common, providing a simple means for transferring an individual's assets to others - either during his/her life or post death by operation of a survivorship...more

McNees Wallace & Nurick LLC

Who will get Your Assets – The Hazards of Beneficiary Designations

Most people assume that their Wills will control where their assets go after they die. Increasingly, however, beneficiary designations are controlling how assets are distributed, and sometimes with unexpected results. ...more

Winstead PC

Litigating Accounts With Rights of Survivorship in Texas

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In this article: - I. Introduction - II. Valid Survivorship Accounts - III. Joint Accounts Between Spouses - IV. Burden Of Proving Enforcable Survivorship Accounts - V. Proving Contents Of...more

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