Legal Question in Wills and Trusts in California

My husband is one of four grandchildren named on a annuity set up by his grandmother at Wells Fargo Bank. The problem is that two of the grandchildren are sisters and have nothing to do with the family and they are refusing to sign the neccesary papers to have the funds released and say they have no intensions of doing so. My question is, is there anything we can do to have the funds releashed without them. Any advise you can offer would be helpful. We live in California.

Thank you,


Asked on 8/31/09, 3:41 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Sit down with the sisters and find out why they refuse to sign the papers. Let them vent at how badly they have been treated, how unfair that their share is not more, etc. Gently point out that none of that can legally change the annunity terms, and is it not better for them to get something from the annunity rather than nothing.

Find out from Wells Fargo why they can not release those funds belonging to your husband and the other grandchild. I see no reason they can not since the percentage each is to receive is clear. Strongly point out to Wells that they are holding the money without justification and are subjecting themselves to suit. Worse comes to worse, your husband might have to sue Wells for a court order to distrlbute the money, Wells will offer the money to the court [called interplead]and cross-complain against the three others and eventually the judicial system wlil order the money handed out.

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Answered on 9/01/09, 12:18 am


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