Legal Question in Wills and Trusts in California
inheritance
My mother is old with cancer and does not expect to live much longer. When she went in for cancer surgury she put my estranged sister on all her bank accounts as joint owner. Now, my mother tried to put my name on her joint bank acount but my sister will not authorize it as joint owner. My mom tries to avoid conflict, so her and I went to the bank and I am now on the signiture card which my sister refuses to sign. What is my legal position. It is also enough money to hire a lawyer to represent me. What can I do now before my mother dies?
3 Answers from Attorneys
Re: inheritance
Hire an attorney immediately. You want one specialized in probate/estate planning. Why you wasting your time in front of the computer when you need to be in front of a judge. Don't waste any more time. Also, your sentence regarding money didn't make any sense at least to me.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: inheritance
Have Mom withdraw all of the money and then put it into a new account.
Re: inheritance
You have just discovered one of the perils of joint ownership. Your sister is now a legal owner of the funds in these accounts. Moreover, when your mother dies, all of the money in those accounts will automatically go to your sister (they are not part of the probate estate and not governed by a will).
As soon as possible, I would see an attorney specializing in estate planning and conservatorships. If I were your mother, I would withdraw all of the money in these accounts and establish new accounts. I would then consider executing a power of attorney or a living trust to insure that the funds get managed in a manner consistent with her wishes.
Good luck.