Legal Question in Wills and Trusts in California

It is unclear from your question whether your mother is still alive. I am assuming that your mother has passed away and you are conflicted because technically this money is yours but perhaps you have siblings who are now going to receive unequal distributions from the trust because the money in the bank can go straight to you? You can always gift money back to siblings or other beneficiaries to make things equal. If this is not your concern, then meet with an attorney so he can ask more questions to adequately address all of your questions.

If your mother has passed away, and the account was joint, and never placed in trust, then the bank is correct.

Assuming that your mother has passed away, the bank is legally correct. Whether it is morally correct is another issue, depending on what your mother intended. If your mother wanted something different done with the money and you decide to equalize things, be sure that you don't run into any gift tax/transfer tax issues - they are very complicated, especially this year.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.