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Joint Checking in Florida

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Latest post Wed, Dec 13 2006 5:34 PM by adjuster jack. 3 replies.
  • Wed, Dec 13 2006 4:58 AM

    Question [=?] Joint Checking in Florida

    My father had a joint checking account with right-of-survivorship with his girlfriend. She was primary on the account and has submitted his death certificate to the bank, had him removed from the account, and transferred a large portion of the money out of the account. As executor of his estate, I have asked the bank for statements on the account, but they will not give them to me. Do I have any right to access information regarding this account?

  • Wed, Dec 13 2006 8:38 AM In reply to

    • Drew
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    • Joined on Thu, Mar 30 2000
    • PA
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    re: Joint Checking in Florida

    Laymans take:

    I'm not sure what access will prove.

    If it was a jrwos account then the account is entirely hers at moment of his death.

    The answer probably is burried in bank law or even banks own rules (which can be predictabily self serving)

    My lay view is that the executor has the same rights of access as would the decedant, so that if executor asks for records up to date of death you may get them. But I'd think that you would not be entitled to records post his death as his interest in the account trnasferred at that time.

    Try rephrasing your request to the bank?

    If Dad was moving funds into a joint accout with GF so as to end run creditors or spouse you may need to seek legal counsel. Also if large sums were involved by Dad putting in funds you may need to account for his deposits on his estate return.
    (And I do not know FL laws on joint accounts but in my state the split may not necessary run as to amount each contributed.) It gets complex and you best review it with estate's counsel.

  • Wed, Dec 13 2006 12:31 PM In reply to

    re: Joint Checking in Florida

    You should be able to get copies of stuff from when his name was on it, but I recommend consulting a local estate-probate attorney for how to go about that.

    Question would be why he didn't have copies of the statements among his records, and why you want the statements.
  • Wed, Dec 13 2006 5:34 PM In reply to

    re: Joint Checking in Florida

    As far as I can see you have no right to information about HER account which is what it has been since your Dad died.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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