Legal Question in Wills and Trusts in California

Hi i wasn't sure who i should get advice from about this issue. Sadly my father passed away last month. I was he and my moms caregiver for all of their elderly life. My mom has also passed on. I was in complete control of my parents finances for 10 years. My name was listed as a joint account owner. When my dad passed the bank automatically put me as sole owner on the account. My parents had a living trust and my 3 siblings and i are trustees. My older sister has taken on the main role. My siblings are demanding that i turn over the savings account that my dad and i shared and put it under my sisters name as trustee. I don't feel comfortable doing that. It doesn't say anything in the trust that i have to turn over his bank account to anyone.My sister was estranged from my dad for years she is also his step daughter. I don't trust her to be in charge of the money. I still live in the house and pay the bills so why would it be an issue if i kept the money in my name? They are driving me crazy with this. Legally do i have to turn this money over?


Asked on 8/29/17, 3:45 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

Technically, no. But ask yourself- did your dad understand what it meant to have you as a joint tenant on the account (right of survivorship) or did he assume that whatever was left would go to all four of you? And keep in mind that your sisters would most likely be within their rights to demand that the house you are living in be sold immediately so that they can get their share and/or that you pay rent to the trust while you continue to be the sole occupant (Of course this is speculation without reviewing your parents' estate planning documents.)

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Answered on 8/29/17, 3:59 pm
Aaron Feldman Feldman Law Group

Follow up: How much money was in the account when your father died? Now how much will it cost to defend your right to keep 100% of that money. Is it worth it and worth the effect it will have on your relationship with your siblings going forward?

The Trustee can have you evicted and sell the house as mentioned above, so bear that in mind as well.

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Answered on 8/29/17, 5:20 pm


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