Legal Question in Wills and Trusts in California
Probate
My father just passed away and didn't have a will or living trust. He put my oldest brother on his bank account and house, thinking he would be fair and split everything evenly with the rest of us. Can you tell me what happens next?
2 Answers from Attorneys
Re: Probate
Your brother robs you blind?
Re: Probate
If your brother is a joint account holder on the bank account, the money is technically his, upon your father's passing. If your brother and father were joint tenants (versus tenants in common) on the house, the property becomes your brother's upon your father's passing. He would have to do "the right thing" for you (and other siblings) to get your respective shares. He is not legally obligated to split anything, although he may have a moral obligation.
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