Legal Question in Wills and Trusts in California
joint tenancy
I had a few joint bank accounts with my brother for over 10 years, however he was the primary depositor. I severed the Joint tenancy in december of 2002 by withdrawing all the funds and opening up new accounts primarily with my name and my brother as a beneficiary. I wanted to protect the money until I figured out what was going on with him. I know that someone was obviously brainwashing him, but I couldn't prove it because he lives in South America. My brother past away a few weeks ago. What do I do now? Am I in trouble for severing the joint accounts? He left a will leaving the person that I suspected as the manipulator, everything. She is also the Executor.
2 Answers from Attorneys
Re: joint tenancy
Right now you have title to the funds in the account. If the executor ignores the problem, you will probably control the funds. If the executor wants to chase you for his funds, you may have a legal battle on your hands (unless you simply want to surrender the money). The next step in the analysis is to determine when the will was prepare and whether or not your brother was unduly influenced or lacked capacity at the time it was executed. You may be able to defeat this will depending on the factual circumstances. Feel free to contact my office and I would be happy to explore the matter with you in more detail. By the way, I live in west LA and could find a convenient time to meet with you closer to home if necessary.
Re: joint tenancy
you do nothing but be prepared for her as executor to do something to attempt to get the money back into the estate, depending on the amount and #s of other factors --- your queston leaves out substantial facts and #s of questions which i have of you before i could adequatly give you advise or direction --- if you wish to----contact me i am in the s.f. bay area --- 925- 945-6000
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