Legal Question in Wills and Trusts in California

Re: what is needed to prove a man was not of sound mind when setting up a joint

Did your father have any kind of will or trust or other estate planning documents? In California, all assets and debts are presumed community property but your father may have created an instrument regarding the checking account. Sounds like your sister needs counsel considering the amounts involved.

Re: what is needed to prove a man was not of sound mind when setting up a joint

Your sister can fight her. Joint tenancy accounts pass outside of probate and are thus not part of the estate. A person is presumed competent unless proven otherwise and the evidence necessary to prove it often difficult to find. Plus, unless your sister has acted in bad faith, she can't be ordered to return $100,000 if she only received $30,000. She should contact a probate litigation attorney as soon as possible.

Re: what is needed to prove a man was not of sound mind when setting up a joint

A whole bunch. The same standards is not greater in contesting a will and or trust on the same basis. Way, way too much to deal with in an answer like this. Non-compass mentus. If he did not understand at the specific time that he/she was executing the document the effect of the document in the future. That is the legal effect, as well as what he was doing at the time.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.