Legal Question in Wills and Trusts in California

Is $$ in joint acct part of decedants estate or now surviving joint acct owner?

Son lived with mother 25 years with combined SS incomes. Both on deed to house and both signed for Reverse Mortgage loan 4 years ago. Last withdrawal of RM funds, $50k, deposited into joint bank acct a year ago. Mom's half of house was in trust and Will says it goes to daughter. Daughter wants to force the sale of the house, also claims money left over from the Reverse Mortgage is part of Mom's estate, and does not belong to brother. Bank said money was TOD to him. True? Also, what would she have to do to force the sale of the house--very little equity in it and brother has offered to buy her out with more than a fair amount, but would be using left over RM funds. Daughter gets all available cash, son gets to live in house till he dies. Fair?


Asked on 3/27/08, 11:00 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Is $$ in joint acct part of decedants estate or now surviving joint acct owner?

I agree with Mr. Roth.

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Answered on 3/31/08, 1:46 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Is $$ in joint acct part of decedants estate or now surviving joint acct owner?

Without reviewing the terms of the trust and will and how title is actually held I can't give an answer. Your recitation of the "facts" is not specific enough and is contradictory.

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Answered on 3/29/08, 9:31 am


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