joint cd primary owner passed away

[junebug1028]

Can any of the heirs of the deceased file suit against the surviving co-owner for a share? The deceased died intestate (no will).

 

[dee_dub]

They can try, but the chances are slim. The general rule is joint property doesn't form part of the estate but passes directly to the other joint owner. But maybe this was joint with no right of survivorship, or maybe the heirs can show that the right of survivorship should not apply despite the CD being jointly owned. They would probably need to have a personal representative of the estate appointed (or whatever you call it in Alabama) to claim part ownership of the CD on behalf of the estate. If they succeed, that portion would pass to the heirs under Alabama's intestacy law.