Legal Question in Wills and Trusts in California
who does it belong to?
my husband died 2/25/06. I went to get his checking account changed over to mine and was told that I had to wait 40 days then I come and chance it. I did just so he had 150,000 in CD that I thought that I would get also, but he had a benafitioary that was my daughter. in the beginning every thing was okay. but know I am to leave her house by the end of the month with ovly my husbans pension which is 1200. from cal pers and ssa not yet know. I am trying for hud housing and am being told that is a long wait. someone told me that half of the money 150,000 was mine and others say it is to late. my question is can I get some of it?
2 Answers from Attorneys
Re: who does it belong to?
these questions cannot be answered correctly and completely without reviewing all relevant documents, including any court files and correspondence. if you did not retain an attorney previously, you will need to now to be sure of your rights.
Re: who does it belong to?
In general, community property belongs to both spouses, and one spouse cannot give during lifetime or at death his or her 1/2 of community property to a person other than the spouse, unless the spouse consents. You may have an argument if the funds in the CD are community property; if the funds are separate property of the husband, then the payable-on-death contract prevails.
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