Legal Question in Wills and Trusts in California

Is it my money??

My dad just passed away recently and he had an account with money in it with my name on it. I used it to buy him things with a credit/atm card with my name on it. The bank says that with his death certificate, they will close out the account and give me the money. Even though he has a trust and the money might have been supposed to be in the trust, is it my money. Can I take it out? His executor of his will says that I shouldn't touch it because it is for the trust. She apparently put a freeze on all of his accounts but couldn't on this one because my name is on it.

Thanks for any help asap.


Asked on 2/28/05, 12:46 am

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Is it my money??

I am very sorry to hear of your father's passing and now the issues it has caused.

Unfortunately, I can not answer you with so little detail. I need to see a copy of the trust. If you can obtain one, i would be happy to review it for you free of charge.

Please feel free to contact me at my office, 626-578-0708 extension 4 or through my firm site at www.No-Probate.com.

Scott

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Answered on 2/28/05, 8:07 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Is it my money??

if the account was in joint tenancy (either you OR your father could write checks, withdraw funds, make deposits)then this type of account becomes the property of the survivor when 1 account holder dies.

if the account is in joint tenancy, the bank is right and a death certificate is normally all that is required to change the account to your name only.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=05001-06000&file=5301-5307

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Answered on 2/28/05, 9:02 pm


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