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You will need legal advice to find a loop hole on this one because you and your mother had a joint account. It's no different than a man and wife sharing an account. If either of them skips town or dies, then the living mate is responsible for the debt.

Good luck Marcy

A joint account is only garnishable to the amount that belongs to the debtor. The majority of accounts are set up as Joint Tenants With Rights of Survivorship (JTWRS)meaning the portion that belonged to the decease automatically passes to the other account holder(s). In such cases as this, the account holder should contact the clerk of the court where the garnishment order was issued to find out the appeals procedure. Legally, none of the deceased person's assets can be seized by any creditor until state probate procedures have been completed. The money will have to be either held by the court for probate action or returned to the other account holder(s). No one else is responsible for a deceased debts with the exception of a surviving spouse (if the couple resided in a community property state) or another joint account holder of the debt(s) in question.

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Q: If your mother's name was on your savings account and now she is deceased and one of her creditors garnished your account can you fight this?
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