Legal Question in Wills and Trusts in California

My fianc� passed away 3 months ago. He verbally authorized to withdraw money and pay bills with his debit card in case something happened to him. He wrote a living will to his sister as a beneficiary. How can I protect myself?


Asked on 6/19/14, 4:47 pm

2 Answers from Attorneys
Len Tillem Tillem McNichol & Brown

If you took money from his account, with his permission, prior to his death, then it's probably OK, as he must have given you his PIN, assuming that he wasn't a dependent adult with questionable mental capacity. The problem you may have is that she'll allege that you took his money without his permission.

However, unless he named you as a joint owner on his account, you can't legally remove funds from his account using his ATM card after his death. Verbal wills are invalid. Any funds transferred by you after his death should be returned, unless you added you to his account as a joint owner.

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Answered on 6/19/14, 4:55 pm
Victor Waid Law Office of Victor Waid

Agree with prior counsel..

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Answered on 6/19/14, 5:49 pm


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