Legal Question in Wills and Trusts in California

joint bank account with my father. he has passed away is the bank account part of probate? I do have 5 other sibling who thinks i should report it in probate NO will

Asked on 10/21/13, 8:33 am

3 Answers from Attorneys

John Palley Meissner, Joseph & Palley, Inc.

The general rule in California is that a joint bank account is NOT required to go through probate.

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Answered on 10/21/13, 8:36 am

Robert F. Cohen Law Office of Robert F. Cohen

If it's a true joint account, the money on deposit is yours. It's not part of the probate.

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Answered on 10/21/13, 8:52 am
William Christian Rodi Pollock

It is important to determine the precise title to the account. If Joint Tenancy, it goes to you by operation of law. It would not be a part of the probate.

Many parties agree, however, to treat the joint account as part of the estate if they feel it was really intended to go to all participants. What do you think is the right thing to do, iin a manner consistent with yoru fathers wishes?

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Answered on 10/21/13, 12:02 pm

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