Legal Question in Wills and Trusts in California

Beneficiary of Friend

I was named beneficiary of a friends checking account. He has since passed away. Can his sister take me to court and fight me for the money? My friend never married and did not leave a will, he did not own any property. Also will the money be taxed? I live in California and the cash amount is under 5,000. Thank you.


Asked on 2/16/05, 6:55 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Beneficiary of Friend

Checking accounts do not normally have a "beneficiary". If you were a joint owner, then the account is legally yours (unless his sister can prove that he acted under duress or did not have legal capacity at the time you were named as an owner of the account).

To obtain access you will need to follow the affidavit procedure under California law. SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13100-13116

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Answered on 2/17/05, 10:30 am


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