Legal Question in Wills and Trusts in California
Community Property & Joint Property
My father died in December and his wife died in February. Dad's will stated if she did not survive 90 days the 3 kids get all his property split evenly. Mom did not survive 90 days. All joint checking accounts have been cleaned out by my sister before Mom died who left her most of her estate. Do I have rights to a 1/3 of my Dads as his will dictates since Mom didn't last the 90 days or does all the accounts go right to Mom? Also how can I subpeona bank records?
2 Answers from Attorneys
Re: Community Property & Joint Property
You have a lot of questions that need to be answered. I think you need to have a "sit down" consultation with an attorney to review any documentation you have, discuss what assets (how much money) is involved and discuss your options.
Re: Community Property & Joint Property
The provision about survivorship by 90 days typically refers to definition of "surviving spouse" and would control assets that needed to be probated. Joint checking accounts would pass by operation of the right to survivorship. In other words, it passes to the survivor automatically upon death of the other joint holder. Thus, when your dad passed away, those accounts belong to your mother. Those joint account would not be probated or be governed by your father's will.
You can issue subpoenas once you file a lawsuit or open a probate case. You need a case number.
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