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Cousin Wants Compensation On Payable On Death Account Funds

My Aunt placed one of my cousin’s names on one of her checking accounts that held enough funds in it to bury her.  It was a joint account with the right of survivorship.  Everyone in the family understood that the funds were to be used for burial and that she had put the cousin’s name on it to make it easier for the family to access the funds.  Now that the funeral has been paid for this cousin is making a claim against the aunt’s estate claiming the funds should be paid back to her.  What is a payable on death account, do we have to pay back this money?

Answers (1)

The joint account with the right of survivorship or an account designated as a payable on death account means that any funds in these accounts become the property of the other person or persons on the account when one of the parties on the account dies.  Any funds in joint accounts or payable on death accounts are not part of the deceased person’s probate estate.  These accounts are sometimes called the poor man’s will.  The drawbacks of these accounts is that if the person who owns the accounts only puts one family member’s name on it, it can serve to disinherit other family members.  It also means that your cousin can make a claim against the probate estate to be repaid the funds used from the joint account to pay your aunt’s burial expenses.  Legal title to the funds in the joint account became the cousin’s as soon as the aunt died, even though your aunt’s intention was that the funds be used to bury her, not a gift to your cousin.  

You should contact a lawyer who specializes in probate and estates as the law in this area varies from state to state to determine your legal rights.

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