Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#135731 - 12/02/03 08:54 PM Acct w/beneficiaries vs. Pers. Rep.- HELP!
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
It's been my understanding that in our wonderful state, the titling of an account supercedes whatever an individual may put in a will. For example - if I have a joint account with rights of survivorship with my husband and my will says my kids get all my money when I die, they will get everything BUT that account. Correct? And - if I have an account in my name alone but name my niece and nephew as my beneficiaries, my kids still wouldn't get the money in that account? Also correct?

Assuming that to be true, would it also hold true that a Personal Representative of my estate would also not be able to pay out monies in that account to anyone EXCEPT my beneficiaries?

Assistance needed!
_________________________
Opinions are mine and never to be taken as legal advice!

Return to Top
#135732 - 12/03/03 04:43 PM Re: Acct w/beneficiaries vs. Pers. Rep.- HELP!
Howard Lax Offline
Gold Star
Howard Lax
Joined: Jan 2002
Posts: 478
Bloomfield Hills, Michigan
It really depends on whether the account is joint with rights of survivorship. If there are survivorship rights, the survivor of the two owners assumes ownership of the account upon the death of the other owner. See MCL 487.703. See the web pages at http://courts.co.calhoun.mi.us/quest616.htm and at http://courts.co.calhoun.mi.us/quest180.htm. The account is subject to the rights of creditors under certain conditions. See MCL 487.718. You can also establish a "statutory trust account" pursuant to MCL 490.55 through MCL 490.57 (for credit unions), and MCL 487.702 for other institutions. See the web page at http://courts.co.calhoun.mi.us/quest020.htm. Consult your attorney on this issue to determine what the owners' rights are.
_________________________
Howard A. Lax Lipson, Neilson, et. al. Bloomfield Hills, MI hlax@lipsonneilson.com

Return to Top
#135733 - 12/03/03 05:34 PM Re: Acct w/beneficiaries vs. Pers. Rep.- HELP!
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Actually, we have a situation where an account was individually owned, but in trust for someone else (not IN a trust, but with a named beneficiary). A personal rep for the individual who passed away appeared and wanted to take the funds. I wondered if they (the personal rep) would be entitled to do that. I will check the sites to see if anything there might help. Thanks!
_________________________
Opinions are mine and never to be taken as legal advice!

Return to Top