Legal Question in Wills and Trusts in California

I'm sorry about your mother's death. Unfortunately, if your mother put your sister's name on the account, then the money legally belongs to your sister. There's virtually nothing you can do about it. That's one of the reasons why it isn't a good idea for people to bypass a lawyer & try to save money ... they don't know the law & they make mistakes.

Sorry your family has had to learn this the hard way.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

You need to go to a probate attorney who also does litigation. Was your mother of sound mind when she made the "gift" to your sister? "Death bed" or any type of oral instructions have no legal effect as to an estate. If it was a true gift [reported to IRS as a gift?], then your slister is entitled to all the money and can do with it as she wants. Your mother's creditors, however, could probably sue on the basis it was a fraudulent transfer to avoid the debts.

Get all of your mother's children together, including your sister, and try to work it out. If you can not reach a mutual agreement, find out if hirling an attorney and all the expenses of litigation make it worthwhile to sue your sister, including the expense of alienating your sister and the fact that not all three of the remaining children will stick together. I would assume that this is not the only beef you have with her. It may not be worthwhile to sue her, as in a even dlivlision among four children, each gets only $10,000, less any of your mother's debts that need be paid.

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