Legal Question in Bankruptcy in California

I am elderly and put my daughter's name on my bank accounts and she is going to file for bankruptcy will they take my money? She has never deposited anything or taken money out of the accounts. We live in california.

Asked on 8/22/18, 12:31 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

She is required to disclose the accounts on her bankruptcy schedules and any money in the account is property of the bankruptcy estate subject to being taken by the Trustee unless she properly exempts the amounts therein on the date of filing.

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Answered on 8/22/18, 12:35 pm
Scott Jordan Jordan Law Office

Mr. Markus is correct. You should remove your daughter from the accounts prior to her filing bankruptcy, to avoid any confusion. You may also wish to consider putting a Durable Power of Attorney in place naming your daughter as your agent if ever the time should come you need her to take over for you. I would suggest a Last Will and Testament and possibly a Trust for the proper disposition of your assets when you are no longer with us.

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Answered on 8/22/18, 1:05 pm

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