Legal Question in Wills and Trusts in California
Inheritance in joint tenancy with only one sibling name
My Mother was hospitalized with a brain aneurysm in April 2001. My Father committed suicide while she was in the hospital. My brother wheeled her around in her wheelchair to get power of attorney and have his name put on all checking and savings accounts ''in case she died'' and so that the funds would not get locked up. My sister and I agreed to this. My Mother began recuperating, was getting better and questioned why his name was on her accounts. On March 30, unexpectedly while preparing for bed, Mom died. The money was not part of probate because it was in ''joint tenancy.'' My brother has transferred all the money to his own name and refuses to give me my one third. I am the executor of the estate but seem to have no ''right'' to my part of the $70,000. Can I do anything to recapture this part of the estate for my sister and myself now?
1 Answer from Attorneys
Re: Inheritance in joint tenancy with only one sibling name
Yes you can do something in the first thing is see an attorney who is a Probate Litigation attorney. Joint tenancy means that the survivor gets all of the funds and is not subject to probate as you said. The theory is that the person who placed the asset in a joint tenancy account no one understands the time she didn't that the funds would go to the other person on the account only and bypass, for instance you and your sister. Since that is the presumption of the law it is your burden to show that this is not the case. Do not be depressed. The factual given me are not sufficient to make a determination as to whether you might be successful or not. That is why you need a probate litigation attorney. People with experience in this area have dealt with this problem numerous times before. It is not a unique problem. It will depend upon the nature about the proof that you have and the judge hearing it. It is not a will contest since it is not part of the will.
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