Legal Question in Wills and Trusts in California

Not likely. I'm assuming the bank accounts have standard pay-on death and joint ownership provisions in the fine print. That is the whole point of your mother having the accounts that way so that when SHE dies, the money will not be in her estate, and you and your brother won't have to probate that money or deal with proving you are the new trustees of the trust assets before you can pay immediate expenses. It will be legally yours upon her death. So if the accounts are set up that way, which they very likely are, and your brother dies before your mother, she will be the sole owner of the account. It will not go into your brother's estate. Double check with the bank to make sure the accounts are set up that way.

It is not likely, but it is always possible that such a claim could be made. You should, therefore, check with the bank to be sure that the accounts are set up properly.

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