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-   -   Is adopted daughter have rights of the asset even she is not the beneficiary? (https://www.askmehelpdesk.com/showthread.php?t=491540)

  • Jul 24, 2010, 08:18 PM
    hanshane
    Is adopted daughter have rights of the asset even she is not the beneficiary?
    My grand aunt passed away and no more will. All her savings account is joint with my mother which is her niece. My grand aunt had adopted daughter but she is not the beneficiary of my grand aunt savings account. Does she have rights for the savings account?
  • Jul 25, 2010, 09:12 AM
    GV70
    Quote:

    Originally Posted by hanshane View Post
    My grand aunt passed away and no more will.

    I assume she never had a will


    Quote:

    Originally Posted by hanshane View Post
    All her savings account is joint with my mother which is her niece. My grand aunt had adopted daughter but she is not the beneficiary of my grand aunt savings account. Does she have rights for the savings account?

    Is there a beneficiary?
    If the bank account did not name a beneficiary it would be a part of the probate estate and therefore pass to the heirs accordingly.
  • Jul 25, 2010, 12:52 PM
    Fr_Chuck

    Depends on how the "joint" account is set up, if both are equal and joint owners with right of survival then it does not go into probate. Example when my mom died I was joint on several accounts, they just went to me, outside of probate.

    So they need to go to bank and see how the accounts are set up
  • Jul 26, 2010, 03:40 AM
    hanshane
    Quote:

    Originally Posted by GV70 View Post
    I assume she never had a will



    Is there a beneficiary?
    If the bank account did not name a beneficiary it would be a part of the probate estate and therefore pass to the heirs accordingly.

    No more will but bank account is under my grand aunt and my mom's name. No name for the adopted daughter.
  • Jul 26, 2010, 05:21 AM
    ScottGem

    The adopted daughter is entitled to a share of the estate. However, it appears that there is little or nothing to go into the estate since all cash assets were held jointly. This is assuming they were held jointly with right of survivorship. The adopted daughter is not entitled to anything held jointly with right of survivorship or with a named beneficiary (like an insurance policy) unless she is specifically named.
  • Aug 1, 2010, 02:07 PM
    hanshane

    Joint account with my mom. It says my grand aunt name and/or my mom's name.
  • Aug 1, 2010, 02:10 PM
    hanshane
    Quote:

    Originally Posted by GV70 View Post
    I assume she never had a will



    Is there a beneficiary?
    If the bank account did not name a beneficiary it would be a part of the probate estate and therefore pass to the heirs accordingly.


    Yes, it says grand aunt name and/or my mom's name. Adopted daughter wants to take all the money.
  • Aug 1, 2010, 02:13 PM
    Wondergirl

    It sounds like the joint account now belongs to your mother only. This account would then not be part of any inheritance. Check at the bank for their definition of "joint."
  • Aug 1, 2010, 02:19 PM
    ScottGem
    Quote:

    Originally Posted by hanshane View Post
    Yes, it says grand aunt name and/or my mom's name. Adopted daughter wants to take all the money.

    As WHAT?? Does iot say anything about joint tenants with right of survivorship or just right of survivorship? If it does not you have to ask the bank if that's how the accounts are held.
  • Aug 1, 2010, 02:51 PM
    cdad
    Quote:

    Originally Posted by ScottGem View Post
    As WHAT??? Does iot say anything about joint tenants with right of survivorship or just right of survivorship? If it does not you have to ask the bank if that's how the accounts are held.

    By stating and/or then the money use is entitled to both parties. So if one party passes the other party has the rights to the money.
  • Aug 2, 2010, 05:36 AM
    Synnen

    And seriously--what's the point of stressing that the daughter is adopted?

    Once adopted, a person is LEGALLY the child of the adopter.

    Therefore, she's your grand-aunt's daughter.

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