Legal Question in Banking Law in California

Is it legal for a widower to deposit a check into a joint account with his deceased wife's name still on the account (he hasn't taken her name off the account), made out to his deceased wife ONLY (obviously the signature will not be hers)? His name is not on the check, only her name. He has no ownership or interest in the royalties that she receives monthly. How can he take money that is only in her name?


Asked on 11/10/10, 4:19 pm

1 Answer from Attorneys

No, it is not legal. He needs to probate the estate, including the royalty producing asset.

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Answered on 11/15/10, 6:19 pm


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