Legal Question in Banking Law in California

My mother recently passed away. Shortly after her death, my step-father withdrew all funds and closed their joint money market account. Should he have been able to close the account without providing a death certificate? He will be depositing checks made out to her (not to both of them) into a joint checking account with her name on it. Does a check need a signature on the back before it can be deposited or just the bank account number? Can he forge her signature, if a signature is needed, and make deposits that way, in person or by mail? Can he keep the checking account a joint account even though she is deceased so that he can make deposits of checks made out to her? Is there a time limit for changing a joint account to an individual one?


Asked on 10/06/10, 6:25 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

For money that is community property, legally it does not matter as you have no right to it. You do not mention if there was a Will or Trust and any significant personal property and whether any of the future checks will come from her private property. It is best to check with her bank where the funds will be deposited as to their rules.

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Answered on 10/11/10, 6:41 am


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