Legal Question in Wills and Trusts in California
There is a probate case going on right now. Prior to husbands death wife never had legal access to husbands bank accounts. While husband had stroke wife got legal authority to access bank accounts to pay bills and prior to death took money out of the accounts and put money in in new bank account under her name. Husband dies and keeps money for herself that was intended to be divided among her and husbands chuildren from previous marriage. Final probate accounting does not include cash assests because cash assets were moved out of husbands name and into her name. There was no will. Was this legal to move the money out of husbands accounts (while he was alive) and place into her accounts prior to his death?
1 Answer from Attorneys
If the husband and wife were in California, and the cash in the account was community property, then then wife's actions were proper (note that title on the account is not conclusive proof as to whether an asset is separate or community property). If the assets were separate property, then there is not enough information here to answer your question. It is possible that the wife's action was proper, and it is possible that it was not.
If you believe there is an error in the accounting by failing to account for the assets in question, then you need to take apprpriate action before the probate court. A failure to do so will result in the estate's loss of the claim against the wife, and the beneficiaries will have no right to pursue the wife after the distribution and closure of the estate.
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