San Jose, CA asked in Banking, Estate Planning, Family Law and Probate for California

Q: how to petition court to determine ownership of decedents joint bank accounts

California rules right of survivorship in jointly held bank accounts unless clear and convincing evidence shows other intent by decedent. What forms do I need to file to ask the court to make a ruling on my mothers jointly held bank account when I have a will that says she leaves nothing to her spouse all assets are left to children. As well as a letter clearly stating the joint accounts were only for convenience and no funds or earnings were commingled. Since her bank would not honor her will or ca small estate affidavit

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Estate Planning Lawyer
  • Tallahassee, FL

A: You have already asked this question, and at least two lawyers have already responded. If you do not agree with the opinions of the two experienced lawyers then you should hire a probate lawyer to help you.

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