Legal Question in Wills and Trusts in California

In the event of my death, will a hand written will be sufficient for my son to access my bank account?


Asked on 8/10/14, 8:39 am

4 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No, the will would have to be submitted to probate and letters testamentary issued by the court. Why don't you consult in person with an estate planning attorney and have your affairs handled correctly?

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Answered on 8/10/14, 11:32 am
Michele Cusack Pollak & Cusack

It might be if your entire estate is worth no more than $150,000 and you don't own real property. Then, he could access the account with a small estate affidavit, but only after 40 days have elapsed from your date of death.

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Answered on 8/10/14, 12:43 pm
Len Tillem Tillem McNichol & Brown

Or, you could name your son as a pay-on-death beneficiary, which will give him access to the account with your death certificate.

Or, you could (this is more risky) put him on your account as a joint tenant, which would give him immediate access to your money (hence the risk).

No matter what, you need a durable general power of attorney and an advance health care directive so that your son or another chosen individual can manage things on your behalf should you become incapacitated.

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Answered on 8/11/14, 9:06 am
Terry A. Nelson Nelson & Lawless

Only if it is accepted and approved by the Probate Court as valid. Unlikely.

You need to consult with a Wills and Trusts attorney to set up a 'legally binding' and appropriate estate plan, no matter how small. A handwritten will is the least desirable form you could possibly come up with.

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Answered on 8/11/14, 2:54 pm


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