Legal Question in Wills and Trusts in California
Probate-joint bank account
My mother and I completed paperwork one week before she passed to add me as joint owner on her account. Her estate is currently in probate. When I furnished the Atty. with all of my mother's records, I also included the joint account records. Later, I contacted the Atty. to let them know that this information should not be included in the my mother's estate because I am listed as joint owner. That was approx. 2 months ago, now today I receive notice of a Subpoena requested by the Atty. for bank records. I am not sure what this is about and why now. The paperwork was signed 8 days before my mother passed and mailed out 3 days after that. If the bank did not process the paperwork until after the date of my mother's death, can the court find that the paperwork is invalid? The bank already closed the account and issued me a check.
Thank you.
2 Answers from Attorneys
Re: Probate-joint bank account
This is a very fact intensive issue which I think requires a review of the relevant documents and facts. Since you have been served with a subpoena, I believe it is time for you to seek your own attorney to protect your rights. Anytime a transfer occurs near death it is suspect. If the bank closed the account and issued you a check I would suspect that they already recorded the change to the account.
Please be advised that I am not your lawyer and this does not constitute legal advise. To become your lawyer I would have to be formally retained.
Re: Probate-joint bank account
This is your attorney that sent you a Subpoena for bank records? That sounds odd in itself. Is this the estate's counsel perhaps and not yours? If so, are there other beneficiaries?
I concur with attorney Lively that transfers made close to a person's pasing are always subjet to scrutiny and review, but it can be beaten.
I would need to review the particular facts of your situation to be able to supply you with a better detailed answer. But I would not waste time, you were served so time is of the essence for you to act.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
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