Legal Question in Wills and Trusts in California

Re: Joint Tenancy

Joint tenancy does not necessarily mean that both signatures are required. For example, when a husband and wife are on a joint checking account, either one has access to the funds in the account, without a signature on a check from the other.

If the sale of the stock specifically required 2 signatures, then the company would have some liability.

If your mother moved the stock to her trust, you may be able to attack the validity of the transfer. It is not as easy to contest the trust, as it is a will, but it can be done.

Re: Joint Tenancy

Thank you for your inquiry.

Two signatures are not necessarily required in all circumstances. The answer as to whether they are required here will depend upon the nature of the account and the relationship of the holders to one another. The stock company should be able to shed some light on this for you.

If in fact the transfer was completed illegitimately, you certainly have some right here and should pursue them. Recourse may lie against the stock company, your mother�s estate, and/or anyone who committed a fraudulent transfer.

The initial steps you have taken are good.

Stay on top of it and keep pressing. Should you need assistance from legal counsel to let them know you mean business, please don't hesitate to contact me directly at (415) 209-6332. Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr., 336 Bon Air Center, No. 407, Greenbrae, CA 94904, (415) 209-6332.