Sometimes, two
individuals who own a bank account as joint tenants with right of survivorship
or tenants by the entirety, die at the same time. In this situation, the question is, what
happens to the money in those accounts?
Normally, joint tenant accounts with Right of Survivorship immediately
pass to the surviving individual on the account. However, if there is a simultaneous death, the
ownership of these accounts is often an unresolved issue. Thankfully, Tennessee adopted the Uniform
Simultaneous Death Act long ago. TCA
§ 31-3-104 provides as follows:
Where there is no
sufficient evidence that two (2) joint tenants or tenants by the entirety have
died otherwise than simultaneously, the property so held shall be distributed
one-half ( ½ ) as if one had survived and one-half ( ½ ) as if the other had
survived. If there are more than two (2) joint tenants and all of them have so
died, the property thus distributed shall be in the proportion that one bears
to the whole number of joint tenants.
As a result, if two or
more individuals own an account as joint tenants or tenants by the entirety,
then the account is split among the estates of the individuals who died
simultaneously. As a result, usually
this means that their portion of the account would pass pursuant to the provisions
in their will because the asset would then become part of the estate (since it
no longer passed pursuant to the right of survivorship).
Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.
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