My,brother is the executor of the estate which goes through probate for the house and property only. The will,divides everything equally between 2 children. This savings account had only my name and my mothers name on it. Does my brother, as executor, have rights,to that account?
First, I am sorry for your loss. An account that is held in the name of two individuals will become the sole property of the surviving account holder. In other words, legally the account would now be yours. That being said, if I were your attorney I would ask you what your mother intended of that money. Was it your mother's intention that it be yours alone? Was it to be used to pay final expenses? Did she want it to be split in accordance with the will. Basically, what would your mother have wanted you to do with the money??
If the account was titled with you and your mom as joint tenants with right of survivorship, then the remaining account funds pass directly to you. Of if the account was made "POD" to you, which means pay on death, then it goes directly to you as well. If, however, you were merely a signatory on the account or if it is titled as tenants in common, then all or part may be subject to the probate process depending on the total assets in the estate, whether they are just homestead and personal property, etc.
Typically an account as you describe would be your account and would pass outside of your mom’s probate. You should be able to notify the bank of your Mom’s death will need to provide a copy of her death certificate. The bank should then cut you a check for the money in the account.
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