Legal Question in Wills and Trusts in California

Husband and wife have premarital agreement. Wife gets account A if husband passes. Account A went out of business and money was rolled over to account B. They never changed A to B in prenup. Husband does pass. Daughter of husband had POA and took over account B.

What rights does wife have for getting account B?

I believe the daughter took the account against the Fathers wishes. She wanted the money.


Asked on 7/10/11, 8:47 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Wife must prove that intent in pre-nup. was for her to get something of value and also, if possible, that something of value passed into B from A. You do not spell out when and how daughter changed name on B, but normally conflict of interest for her to do so; I would need to know all the facts as to the transfer. You can contact me at 510-441-2684 for free 10-15 conversation on detailed facts and what can be done.

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Answered on 7/11/11, 8:31 am


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