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In PA, specifically, what are probate assets vs. non-probate assets?
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What must go through probate & what doesn't have to go through probate?
Checking account joint name of mother & myself (both could write checks, is this account now mine due to right of survivorship?
Money market account joint name of mother & myself , ITF my brother & sister, whose money does this belong to?
A good rule of thumb for determining whether an asset is probate or non probate is to ask yourself the question "Can I tell who should get this asset without looking at the Will or where there is no Will the Intestate laws?" When you can answer yes then the asset is non-probate; when the answer is no the asset is a probate asset. A joint account with a right of survivorship goes to the surviving joint owner; since the Will is not necessary to accomplish this it is a non-probate asset. Similarly the ITF account was likely a joint account with survivorship between you and your mother, ITF for your brother and sister in the event both you and your mother died. At this point its likely your sole account ITF your brother and sister and you can do with it as you will. Check with the bank to be sure but this is the most likely scenario.
Very truly yours,
Ed Smeltzer
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