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Home > Money & Services > Banking   »   Joint account

 
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Old May 2, 2008, 11:26 PM
Hicker
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Joint account

if I have a joint account and the other person dies Can the account be frozen?

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Old May 3, 2008, 05:41 AM   #2  
George_1950
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You will need to review the language used when the account was opened. This is sometimes located on the signature card; it is in the fine print. State law also needs to be consulted. My experience has been that a joint account is established 'as a joint tenancy with right of survivorship', which means that the survivor of an account owns all of it after the death of the joint account owner. However, this may be just a legal presumption that can be overcome with other evidence (by contract, fraud, course of business). But as far as the bank is concerned, it can deal with the survivor and let third parties fight it out in court.
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Old May 3, 2008, 08:27 AM   #3  
Fr_Chuck
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There are various types of joint accounts, many are done in a way to allow the other person to be sole owner of the account at death, others do not. So how is your account set up.

Also if someone beleives there is an issue, they can try and get a court order to freeze it, till there is a hearing ** this would depend on the state, and the judge
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Old May 7, 2008, 06:41 AM   #4  
lfnj68
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When opening a joint account, most signature cards require you to select with or without survivorship.

If with survivorship is selected, the ownership of the account automatically shifts to the surviving party. If no survivorship is selected, then the ownership of the account and the money within it is determined by a will, if existing, or by probate.

The best thing to do is contact your bank directly.
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