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When an elderly person with a joint bank account dies, do the funds belong to the decedents estate or do they belong to the additional signer as a co-owner of the account? In estate, trust and elder financial abuse litigation, dueling advocates argue over what acts are within the traditional statement of law and what are outside the so-called black-letter rule. This is the battleground for how to apply the law to different factual scenarios. In the real world of joint account disputes, the factual spectrum of intent, timing and original depositor vulnerability is very wide. When was the account formed? An account formed with an elder with Alzheimers three weeks before his death is quite a lot different than an account formed with an active and attentive elder long before the elders death. It is one thing if the elder never expressed an intent as to the accounts purpose and quite another if the elder made his intent clear that the account was for the use and ownership of all of t
