In estate disputes, it is common for parties to try to claw back into the estate bank accounts that were held jointly with the testator before death. The law provides a mechanism to do this – a resulting trust. Briefly, a resulting trust works as follows: any time property is transferred to someone else for […]
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Sometimes property is held in the name of one person, but at law belongs to another. A legal claim can be made to have the property “result back” to the rightful owner. The most common example of this is a joint bank account held between a parent and adult child. Where certain conditions are met, the law will presume on the death of the parent that the account belongs to the parent’s estate and not to the surviving account holder.
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