Legal Question in Family Law in California

i was a caregiver for a dear friend noel and he put me on his T-ROWE PRICE account.It was a joint account and noel was the primary holder on the account.noel had a notoriety drawn up stating that if anything were to happen to him and he were to pass away that the T-ROWE account balance of money would be left to me. i am currently in the process of a divorce and my soon to be ex-husband wants half of the money i was left.
Per section code 21350 his lawyer stated that he is entitled to half the money is this true? if so, can i spend what i have on living, bills, ect...???

Asked on 3/12/12, 4:48 pm

2 Answers from Attorneys

Brian McGinity McGinity Law Office

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You are going to need an attorney. Your husband's attorney is claiming since it was a joint account between you and your friend while your friend was alive that your husband is entitled to a community property interest in the portion of the account that was in your name. His argument is assuming you and your husband were still together when your name was added to the account. It is also assuming that you are not taking the account under your friend's will. There are a lot of questions that need to be answered before a final determination can be made. My first question would be were you and your husband separated when your name was added to the account? if you were there is a good argument that can be made that it is separate property and there is no community property interest. I would also have a lot of questions about the timing of your separation and if you are mentioned in your friend's will. However, there is no way to accurately analyze the status of the account without more facts.

If you would like to consult with our office please contact us through our website at: www.brianmcginitylaw.com .

Good luck

Answered on 3/12/12, 8:11 pm

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