Legal Question in Wills and Trusts in California
Joint bank account
My husband has a joint bank account with his mother and sister. They each have their own bank card with their own personal pin number. My question is: My mother-in-law lives with us and my husband has power of attorney for her medical and financial affairs. When she passes away, her will states that my husband and his sister will divide the estate equally. My question: Since my husband's name is on the account can he withdraw money for his own personal needs?
1 Answer from Attorneys
Re: Joint bank account
You've stated that the account is a joint bank account, and also that your husband has power of attorney. If the account was joint, you would not need power of attorney.
I assume that you mean that he has power of attorney over the account, in which case it truly depends on the exact wording of the power of attorney. Most POA documents only give the person holding POA a right to act in the best interests of the
The fact that the will may currently state that your husband has a right to the money has no legal importance, since a will is a document that only becomes active upon death, and can be changed at any time.
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