Legal Question in Wills and Trusts in California

I am a named beneficiary in my dad's will, and I live in California. My sister has been named executor, and her name appears on the checks belonging to my dad's bank accounts. In her own words the accounts "... ARE NOT joint accounts with me. I am a signor only. I do not "own" the accounts." My dad's will assigns me a residual interest in the accounts once his estate is settled. Will I have a legally binding claim to them, or not, given the circumstances?


Asked on 12/28/14, 11:40 am

1 Answer from Attorneys

William Christian Rodi Pollock

It would be necessary to see the exact vesting of the accounts you are referencing to provide an answer. Why not call your sisters attorney and discuss the isue wirth him. Presumably he would have all the relevant information and can advise you on the anticipated administration steps. If, in fact, you were only an authorized co-signer, and not a joint tenant, it is likely your sisters answer to you is accurate. But an "or" in the vesting could change the answer.

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Answered on 12/28/14, 7:50 pm


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