Legal Question in Wills and Trusts in California

My grandfather recently passed away. My mom was on an account with him. She has been told that that account needs to be put into the estate and go through probate. She is an only child and the only one who is in the will getting the estate. Does this account also need to be included in the estate?

My question in not regarding the state in which I live in.


Asked on 8/20/10, 9:08 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If your question involves law that does not involve California, then you need to repost the question in the state that the probate is pending. This may be one or more states, depending on whether your mother died in another state.

For example, if she was living in Missouri, probate as to personal property occurs where the decedent was domiciled at the time of her death. Probate as to real property occurs where the real property is, regardless of where the decedent was domiciled at death.

Any attorney is going to need to know how the bank account was held, for example whether it was a joint account, or a POD account, etc.

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Answered on 8/25/10, 9:39 am
Michele Cusack Pollak & Cusack

It depends on how she was "on" the account. If joint tenant or POD, it should not be part of the probate estate, but if she was an authorized signer, or a signer under a power of attorney, the account is part of the estate.

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Answered on 8/25/10, 10:04 am


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